Mahjoub (Re)

Mahjoub (Re)

Because there was no national security reason to withhold the summaries as written, the Court ordered that some summaries be placed on the public record while others raising privacy concerns be provided in sealed form to Mahjoub and his counsel for ten days to permit them to decide whether to seek a confidentiality order under Rules 151-152; Special Advocates lack standing to seek such an order on behalf of the named person.

Citation
2009 FC 316
Parties
Named Person: Mohamed Zeki Mahjoub; Respondents: The Ministers; Special Advocates: Special Advocates
Court
Federal Court
Jurisdiction
Canada
Judgment Date
25 March 2009
Procedural Posture
Judicial Review of Certificate Under Section 77 IRPA / Disclosure/confidentiality / Interim Confidentiality/disclosure Determination Prior to Motion Under Rules 151 152
Outcome
Interim order granting limited public filing of certain summaries and interim confidentiality and sealed disclosure of other summaries to Mahjoub and his counsel for ten days pending any motion under Rule 151.
Legal Topics
Confidentiality Orders, Disclosure, Special Advocates, Security Intelligence Reports, Federal Courts Rules 151 and 152, Privacy, Charter Rights
Source Language
English
Immigration Law Administrative Law National Security Privacy Law Procedural Law Constitutional Law Confidentiality Orders Disclosure +5 more

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Parties

Mohamed Zeki Mahjoub

Named Person

The Ministers

Respondents

Special Advocates

Special Advocates

Procedural Posture

Judicial Review of Certificate Under Section 77 IRPA / Disclosure/confidentiality / Interim Confidentiality/disclosure Determination Prior to Motion Under Rules 151 152

Legal Issues

  1. 1 Whether summaries of conversations and surveillance reports relied on in the confidential SIR should be placed on the public record or kept confidential on an interim basis
  2. 2 Whether the Special Advocates may obtain disclosure or seek confidentiality orders on behalf of the named person
  3. 3 Whether there is any national security reason to withhold the summaries as written

Ratio Decidendi

Because there was no national security reason to withhold the summaries as written, the Court ordered that some summaries be placed on the public record while others raising privacy concerns be provided in sealed form to Mahjoub and his counsel for ten days to permit them to decide whether to seek a confidentiality order under Rules 151-152; Special Advocates lack standing to seek such an order on behalf of the named person.

Court Disposition

Interim order granting limited public filing of certain summaries and interim confidentiality and sealed disclosure of other summaries to Mahjoub and his counsel for ten days pending any motion under Rule 151.

Orders

  • The summaries of conversations at tabs 1-6 and 10 and the summaries of surveillance reports are filed as part of the public record
  • The summaries of the conversations at tabs 7, 8 and 9 will be kept confidential on an interim basis