GH v. Canadian Security Intelligence Service

GH v. Canadian Security Intelligence Service

The Tribunal granted the requested confidentiality orders because disclosure of information that would identify or tend to identify CSIS employees and other NSP categories would pose a real and substantial risk to national security and international relations; the proposed redaction and in-camera hearing measures are necessary, least obstructive, and proportionate under the Sherman Estate test and CHRA s.52.

Citation
2024 CHRT 111
Parties
Complainant: GH; Commission: Canadian Human Rights Commission; Respondent: Canadian Security Intelligence Service
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
15 October 2024
Procedural Posture
Human Rights Complaint (chra) / Ruling on Confidentiality Motion (pre Hearing)
Outcome
Motion granted; confidentiality orders amended and hearing confidentiality order issued
Legal Topics
Confidentiality Orders, National Security Privilege, Canada Evidence Act S.38, Canadian Human Rights Act S.52, Sherman Estate Three Part Test, Protection of Intelligence Officers
Source Language
English
Administrative Law Human Rights Law National Security Law Evidence Law Privacy Law Confidentiality Orders National Security Privilege Canada Evidence Act S.38 +3 more

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Parties

GH

Complainant

Canadian Human Rights Commission

Commission

Canadian Security Intelligence Service

Respondent

Procedural Posture

Human Rights Complaint (chra) / Ruling on Confidentiality Motion (pre Hearing)

Legal Issues

  1. 1 Whether the Tribunal should amend the existing confidentiality order and grant a hearing confidentiality order
  2. 2 Whether disclosure of the information would pose a real and substantial risk to national security or international relations
  3. 3 Whether the Sherman Estate three-part test is satisfied to justify limiting public openness

Ratio Decidendi

The Tribunal granted the requested confidentiality orders because disclosure of information that would identify or tend to identify CSIS employees and other NSP categories would pose a real and substantial risk to national security and international relations; the proposed redaction and in-camera hearing measures are necessary, least obstructive, and proportionate under the Sherman Estate test and CHRA s.52.

Court Disposition

Motion granted; confidentiality orders amended and hearing confidentiality order issued

Orders

  • Any sensitive or potentially injurious information within the meaning of s.38 Canada Evidence Act, including information identifying the Complainant or any current or past CSIS employee, is designated confidential information under s.52 of the CHRA
  • The Complainant will be identified only by the pseudonym "GH" in all documents, pleadings, correspondence and Tribunal rulings and decisions until further order