CB v. Canadian Security Intelligence Service

CB v. Canadian Security Intelligence Service

Applying the Sierra Club test and s.52 CHRA, the Tribunal found a real and substantial risk to public security from revealing the identities of CSIS employees engaged in covert operational activities under s.18(1) CSIS Act; the requested blanket anonymization of all past and present CSIS employees was overly broad, so the Tribunal granted a confidentiality/anonymization order limited to employees who were, are or are likely to become engaged in covert operational activities and imposed conditions for limited disclosure to the Complainant or Commission with confidentiality obligations.

Citation
2024 CHRT 27
Parties
Complainant: CB; Commission: Canadian Human Rights Commission; Respondent: Canadian Security Intelligence Service
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
3 May 2024
Procedural Posture
Human Rights Complaint Before the Canadian Human Rights Tribunal / Ruling on Confidentiality Motion
Outcome
Confidentiality/anonymization order granted in part; limited to CSIS employees engaged in covert operational activities
Legal Topics
Confidentiality Orders, Open Court Principle, Anonymization of Witnesses, CSIS Act S.18, Sierra Club Test, S.52 CHRA
Source Language
English
Human Rights Law Administrative Law National Security Law Privacy and Confidentiality Confidentiality Orders Open Court Principle Anonymization of Witnesses CSIS Act S.18 +2 more

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Parties

CB

Complainant

Canadian Human Rights Commission

Commission

Canadian Security Intelligence Service

Respondent

Procedural Posture

Human Rights Complaint Before the Canadian Human Rights Tribunal / Ruling on Confidentiality Motion

Legal Issues

  1. 1 Whether a confidentiality/anonymization order should be granted under s.52 CHRA
  2. 2 Whether the order may extend to all current and former CSIS employees or must be limited to those engaged in covert operational activities under s.18(1) CSIS Act
  3. 3 Whether the Sierra Club test is satisfied to justify restricting openness of proceedings

Ratio Decidendi

Applying the Sierra Club test and s.52 CHRA, the Tribunal found a real and substantial risk to public security from revealing the identities of CSIS employees engaged in covert operational activities under s.18(1) CSIS Act; the requested blanket anonymization of all past and present CSIS employees was overly broad, so the Tribunal granted a confidentiality/anonymization order limited to employees who were, are or are likely to become engaged in covert operational activities and imposed conditions for limited disclosure to the Complainant or Commission with confidentiality obligations.

Court Disposition

Confidentiality/anonymization order granted in part; limited to CSIS employees engaged in covert operational activities

Orders

  • Any information identifying the Complainant or any current or past employee of CSIS who was, is or is likely to become engaged in covert operational activities of CSIS (a "Confidential CSIS Employee") is designated confidential information under s.52 CHRA.
  • The Complainant will be identified only by the random initials suggested by the Respondent ("CB") in all documents and pleadings filed with the Tribunal, in correspondence between parties and with the Tribunal, and in all Tribunal Rulings and Decisions, until further order of the Tribunal.