Prohibition on disclosure of redacted CSIS information confirmed under section 38 of the Canada Evidence Act.
The Attorney General of Canada filed an application under section 38.04 of the Canada Evidence Act seeking an order confirming the statutory prohibition on disclosure of sensitive or potentially injurious information redacted from documents produced by the National Security and Intelligence Review Agency.
The underlying proceeding is the respondent's application for judicial review of NSIRA's dismissal of a complaint against CSIS.
The Federal Court applied the Ribic test and confirmed the prohibition on disclosure for the remaining redacted information, finding the public interest in non-disclosure outweighed the public interest in disclosure due to national security concerns, while allowing certain uncontested lifts and non-injurious summaries.
Court establishes disclosure rules for classified evidence in Secure Air Travel Act appeal.
This was an appeal under the Secure Air Travel Act against the Minister's decision to maintain the appellant on the no-fly list.
The Court held ex parte, in camera hearings to determine the validity of the Attorney General's redactions on national security grounds and whether the appellant could be reasonably informed of the case against him without disclosing sensitive information.
The Court ordered some redactions lifted, approved summaries of certain protected information, and deferred the determination of whether the appellant was reasonably informed until the public hearing stage.
