The appellant requested access to personal information held by the Canadian Security Intelligence Service (CSIS).
CSIS refused to disclose the information, claiming exemptions under the Privacy Act for national security and foreign confidences.
The appellant challenged the constitutionality of s. 51 of the Privacy Act, which mandates in camera and ex parte hearings when these exemptions are claimed.
The Supreme Court of Canada held that the mandatory ex parte provision did not violate s. 7 of the Charter.
However, the mandatory in camera provision violated s. 2(b) of the Charter and was not saved by s. 1 because it was overly broad.
The Court read down s. 51(2)(a) to apply only to the ex parte submissions.
On a cross-appeal, the Court held that the law enforcement exemption in s. 22(1)(b) is not limited to current investigations.
