Canadian Security Intelligence Services Act (Re)

Canadian Security Intelligence Services Act (Re)

Applying Hape, the Charter does not apply to foreign collection of CEM nor to the Service's receipt or use of Processed CEM; however, where the Service seeks to exploit Bulk CEM (forensic device copies) in a domestic investigation involving a person with a nexus to Canada the Charter applies and s.8 is engaged because exploitation of electronic devices is a distinct, more-than-minimally-intrusive search requiring prior judicial authorization; Bulk CEM holdings assessed as threat-related are not subject to the CSIS dataset regime.

Citation
2026 FC 242
Parties
Applicant: Canadian Security Intelligence Service; Respondent: [_..._]; Amicus Curiae: Amicus Curiae
Court
Federal Court
Jurisdiction
Canada
Judgment Date
20 February 2026
Procedural Posture
Warrant Application Under the CSIS Act / Order and Reasons (final Decision)
Outcome
Court granted relief in part: held Charter inapplicable to foreign collection and to receipt/use of Processed CEM; held Charter applies and s.8 engaged for exploitation of Bulk CEM requiring prior judicial authorization; held threat-related Bulk CEM not subject to dataset regime
Legal Topics
Charter S.8 Search and Seizure, Extraterritorial Application of the Charter, CSIS Act Dataset Regime (ss.11.01 11.25), Electronic Device Search Warrants, Interagency Information Sharing
Source Language
English
Constitutional Law National Security Law Privacy Law Administrative Law Criminal Procedure Charter S.8 Search and Seizure Extraterritorial Application of the Charter CSIS Act Dataset Regime (ss.11.01 11.25) +2 more

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Parties

Canadian Security Intelligence Service

Applicant

[_..._]

Respondent

Amicus Curiae

Amicus Curiae

Procedural Posture

Warrant Application Under the CSIS Act / Order and Reasons (final Decision)

Legal Issues

  1. 1 Does the Charter apply to foreign agency collection of Collected Exploitable Material (CEM)?
  2. 2 Does the Charter apply to the Service's receipt and use of Processed CEM?
  3. 3 Does the Charter apply and s.8 engage when the Service exploits Bulk CEM (forensic device copies) in a domestic investigation of a person with Canadian nexus?

Ratio Decidendi

Applying Hape, the Charter does not apply to foreign collection of CEM nor to the Service's receipt or use of Processed CEM; however, where the Service seeks to exploit Bulk CEM (forensic device copies) in a domestic investigation involving a person with a nexus to Canada the Charter applies and s.8 is engaged because exploitation of electronic devices is a distinct, more-than-minimally-intrusive search requiring prior judicial authorization; Bulk CEM holdings assessed as threat-related are not subject to the CSIS dataset regime.

Court Disposition

Court granted relief in part: held Charter inapplicable to foreign collection and to receipt/use of Processed CEM; held Charter applies and s.8 engaged for exploitation of Bulk CEM requiring prior judicial authorization; held threat-related Bulk CEM not subject to dataset regime

Orders

  • The Charter does not apply to foreign agency collection outside Canada of CEM received by the Service as Processed or Bulk CEM; the Service's receipt of Processed or Bulk CEM; and the Service's use of Processed CEM.
  • The Charter applies and section 8 is engaged where the Service undertakes the search of Bulk CEM in furtherance of a domestic investigation involving a person who has a nexus to Canada.