Canadian Security Intelligence Service Act (CA) (Re)

Canadian Security Intelligence Service Act (CA) (Re)

The Court was satisfied that statutory prerequisites were met, that the datasets were within approved classes and that retention was likely to assist CSIS under ss.12, 12.1 and 16; the Service complied with s.11.1; accordingly the Court granted authorization to retain the Canadian datasets for two years subject to specified terms and conditions limiting updates, access, contextual reporting and the retention of sensitive privileged or health information.

Citation
2022 FC 645
Parties
Applicant: Canadian Security Intelligence Service; Amicus Curiae: Gordon Cameron
Court
Federal Court
Jurisdiction
Canada
Judgment Date
13 June 2024
Procedural Posture
Application for Judicial Authorizations Under S.11.13 of the CSIS Act / Ex Parte Application Heard; Authorization Granted (order Issued March 10, 2022)
Outcome
Authorizations granted; retention authorized for two years from March 10, 2022
Legal Topics
Dataset Retention, Judicial Authorization, Exigent Circumstances, Data Exploitation and Querying, Intelligence Oversight, NSIRA Review, Designated Judge Review
Source Language
English
National Security Law Privacy Law Administrative Law Constitutional Law Intelligence Law Dataset Retention Judicial Authorization Exigent Circumstances +4 more

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Parties

Canadian Security Intelligence Service

Applicant

Gordon Cameron

Amicus Curiae

Procedural Posture

Application for Judicial Authorizations Under S.11.13 of the CSIS Act / Ex Parte Application Heard; Authorization Granted (order Issued March 10, 2022)

Legal Issues

  1. 1 Whether retention of the Canadian datasets is likely to assist CSIS in the performance of its duties under ss.12, 12.1 and 16 of the CSIS Act
  2. 2 Whether statutory prerequisites and s.11.1 obligations were complied with for judicial authorization under s.11.13
  3. 3 What terms and conditions are necessary in the public interest to govern querying, exploitation, updating and access to datasets

Ratio Decidendi

The Court was satisfied that statutory prerequisites were met, that the datasets were within approved classes and that retention was likely to assist CSIS under ss.12, 12.1 and 16; the Service complied with s.11.1; accordingly the Court granted authorization to retain the Canadian datasets for two years subject to specified terms and conditions limiting updates, access, contextual reporting and the retention of sensitive privileged or health information.

Court Disposition

Authorizations granted; retention authorized for two years from March 10, 2022

Orders

  • Retention of the two identified Canadian datasets authorized for a period of 2 years from March 10, 2022
  • Datasets to be kept separate from operational holdings and access limited to designated persons only