The Attorney General of Canada sought to prevent the disclosure of sensitive information in a public version of a Federal Court decision regarding an application for warrants under the Canadian Security Intelligence Service Act.
After releasing the decision with the contested information redacted, the Court invited submissions on whether the Canada Evidence Act applies to such novel circumstances.
The Court agreed with the Attorney General and amicus curiae that the scheme under section 38 of the Canada Evidence Act provides an appropriate mechanism for seeking non-disclosure of sensitive information in a decision on a warrant application, allowing the Attorney General to bring an application under section 38.04.
