The Applicant, Awso Peshdary, facing terrorism-related charges, sought production of materials from the Canadian Security Intelligence Service (CSIS) as a third-party records holder.
The request pertained to two main areas: (1) reliability assessments and financial arrangements of Abdullah Milton, a paid CSIS asset and later police agent whose credibility was a material issue, and (2) materials related to a CSIS warrant obtained against Peshdary, used to support a subsequent RCMP judicial authorization.
The court applied the two-stage O'Connor test for third-party disclosure.
It found that materials related to Milton's reliability and financial arrangements met the "likely relevance" test for trial issues and ordered their disclosure to the court for review.
However, for the CSIS warrant materials, the court distinguished between facial and sub-facial challenges to judicial authorizations, applying the narrower Garofoli test as clarified by World Bank Group v. Wallace.
It concluded that the applicant had not met the test for likely relevance for the CSIS warrant materials, as the purpose was to challenge the admissibility of evidence rather than directly bear on guilt or innocence.
The court also ordered disclosure of any notes Milton took of his interactions with Peshdary.
