CB v. Canadian Security Intelligence Service

CB v. Canadian Security Intelligence Service

The Tribunal concluded that CSIS established a real and substantial risk of disclosure of matters involving public security if the identified information were public; that less intrusive measures would not adequately prevent that risk; and that the public interest in protecting national security outweighs the negative effects of restricting openness. Consequently, the Tribunal granted an expanded confidentiality order under s.52(1) CHRA with prescribed redaction, in-camera testimony, pseudonymization of employee identities, Tribunal review of proposed redactions, and pre-release procedures for rulings and audio recordings.

Citation
2025 CHRT 79
Parties
Complainant: CB; Commission: Canadian Human Rights Commission; Respondent: Canadian Security Intelligence Service
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
11 August 2025
Procedural Posture
Human Rights Discrimination Complaint Under the Canadian Human Rights Act / Ruling on Confidentiality Motion Prior to Hearing (pre Hearing)
Outcome
Confidentiality order granted with conditions limiting public disclosure of identified national security related information
Legal Topics
Confidentiality Orders, Open Court Principle, National Security Privilege, Redaction, In Camera Proceedings
Source Language
English
Human Rights National Security Administrative Law Evidence Confidentiality Orders Open Court Principle National Security Privilege Redaction +1 more

Case Brief

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Parties

CB

Complainant

Canadian Human Rights Commission

Commission

Canadian Security Intelligence Service

Respondent

Procedural Posture

Human Rights Discrimination Complaint Under the Canadian Human Rights Act / Ruling on Confidentiality Motion Prior to Hearing (pre Hearing)

Legal Issues

  1. 1 Whether a confidentiality order should be expanded to include information falling within s.38 of the Canada Evidence Act (national security privilege)
  2. 2 Whether in-camera testimony and redaction procedures are necessary and proportionate to protect national security interests
  3. 3 Whether the respondent (CSIS) may unilaterally determine redactions to public materials

Ratio Decidendi

The Tribunal concluded that CSIS established a real and substantial risk of disclosure of matters involving public security if the identified information were public; that less intrusive measures would not adequately prevent that risk; and that the public interest in protecting national security outweighs the negative effects of restricting openness. Consequently, the Tribunal granted an expanded confidentiality order under s.52(1) CHRA with prescribed redaction, in-camera testimony, pseudonymization of employee identities, Tribunal review of proposed redactions, and pre-release procedures for rulings and audio recordings.

Court Disposition

Confidentiality order granted with conditions limiting public disclosure of identified national security related information

Orders

  • Any sensitive or potentially injurious information within the meaning of s.38 of the Canada Evidence Act, including information identifying the Complainant or any current or past CSIS employee, is designated Confidential Information.
  • Any documents containing Confidential Information must be redacted and only redacted versions may be filed with the Tribunal; redacted versions will replace existing unredacted documents and parties and the Tribunal must destroy old unredacted versions.