Harkat (Re)

Harkat (Re)

The Court held that T.S.'s general employment records are not necessary for the designated judge to verify the reliability of the allegations underpinning the security certificate and therefore are not subject to production; however, reports or records that specifically assess the reliability and veracity of the information provided (including a particular report concerning the informant encounter) are within the disclosure obligations under Charkaoui #2 and must be produced in redacted/in camera form as ordered.

Citation
2009 FC 203
Parties
Subject: Mohamed Harkat; Intervenor: Special Advocates; Respondent: Ministers (Canada)
Court
Federal Court
Jurisdiction
Canada
Judgment Date
28 November 2008
Procedural Posture
Security Certificate Proceeding (immigration and Refugee Protection Act S.77 Referral) / Disclosure Motion / in Camera Disclosure Stage
Outcome
Partially granted in part and denied in part: request for T.S.'s employment records denied; specific reliability report(s) ordered produced.
Legal Topics
Security Certificate, Disclosure Obligations, Charkaoui Disclosure Framework, Access to Third Party Records, Special Advocates
Source Language
English
Immigration Law National Security Administrative Law Evidence and Disclosure Privacy and Privilege Security Certificate Disclosure Obligations Charkaoui Disclosure Framework +2 more

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Parties

Mohamed Harkat

Subject

Special Advocates

Intervenor

Ministers (Canada)

Respondent

Procedural Posture

Security Certificate Proceeding (immigration and Refugee Protection Act S.77 Referral) / Disclosure Motion / in Camera Disclosure Stage

Legal Issues

  1. 1 Whether employment records of a former CSIS officer (T.S.) must be produced to Special Advocates
  2. 2 Scope of disclosure obligations under Charkaoui v. Canada (Charkaoui #2)
  3. 3 Balancing privacy and privilege against need for information to verify reliability of intelligence

Ratio Decidendi

The Court held that T.S.'s general employment records are not necessary for the designated judge to verify the reliability of the allegations underpinning the security certificate and therefore are not subject to production; however, reports or records that specifically assess the reliability and veracity of the information provided (including a particular report concerning the informant encounter) are within the disclosure obligations under Charkaoui #2 and must be produced in redacted/in camera form as ordered.

Court Disposition

Partially granted in part and denied in part: request for T.S.'s employment records denied; specific reliability report(s) ordered produced.

Orders

  • The request to access the administrative employment records of T.S., a former Service intelligence officer, is denied.
  • Five copies of the report(s) into the reliability and veracity of any information are to be filed by December 5, 2008 in the designated proceedings section of the Federal Court Registry, along with any other information which may fall within the scope of the disclosure obligations set out in Charkaoui #2.