The Crown appealed a decision of the Ontario Superior Court of Justice that struck down the section 38 scheme of the Canada Evidence Act as unconstitutional.
The scheme grants the Federal Court jurisdiction to determine questions of disclosure of information pertaining to international relations, national defence, or national security.
The Supreme Court of Canada allowed the appeal, holding that the scheme does not violate section 96 of the Constitution Act, 1867 or section 7 of the Charter.
The Court found that the scheme preserves the full authority and independence of the judge presiding over the criminal trial to do justice between the parties, including entering a stay of proceedings if necessary to protect the accused's right to a fair trial.
