Jaballah (Re)

Jaballah (Re)

The judge found that the Ministers met their burden under s.83(1)(d) IRPA by adducing in camera evidence demonstrating that disclosure of the CSIS officer's full legal name would be injurious to Canada’s national security (and potentially safety), and accordingly ordered that the officer be permitted to testify publicly using only the name 'David' while his full identity remain protected.

Citation
2009 FC 279
Parties
Ministers/applicants: Minister of Citizenship and Immigration and Minister of Public Safety and Emergency Preparedness; Permanent Resident/respondent: Mahmoud Es-Sayyid Jaballah; Witness Employer/interested Party: Canadian Security Intelligence Service
Court
Federal Court
Jurisdiction
Canada
Judgment Date
14 January 2009
Procedural Posture
Security Certificate Proceedings Under IRPA / Hearing on Disclosure and Witness Identification (in Camera and Public Evidence)
Outcome
Order made protecting the officer’s full legal name and permitting him to testify publicly using only the name 'David' pursuant to s.83(1)(d) IRPA
Legal Topics
Security Certificates, Open Court Principle, Confidentiality of Intelligence Information, Special Advocates, CSIS Secrecy, Witness Anonymity
Source Language
English
Immigration Law National Security Evidence Procedural Law Security Certificates Open Court Principle Confidentiality of Intelligence Information Special Advocates +2 more

Case Brief

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Parties

Minister of Citizenship and Immigration and Minister of Public Safety and Emergency Preparedness

Ministers/applicants

Mahmoud Es-Sayyid Jaballah

Permanent Resident/respondent

Canadian Security Intelligence Service

Witness Employer/interested Party

Procedural Posture

Security Certificate Proceedings Under IRPA / Hearing on Disclosure and Witness Identification (in Camera and Public Evidence)

Legal Issues

  1. 1 Whether a CSIS officer may testify publicly under a pseudonym rather than by full legal name
  2. 2 Whether disclosure of the officer’s identity would be injurious to national security or endanger the safety of any person under s.83(1)(d) IRPA
  3. 3 Burden of proof on the Ministers to demonstrate injury to national security

Ratio Decidendi

The judge found that the Ministers met their burden under s.83(1)(d) IRPA by adducing in camera evidence demonstrating that disclosure of the CSIS officer's full legal name would be injurious to Canada’s national security (and potentially safety), and accordingly ordered that the officer be permitted to testify publicly using only the name 'David' while his full identity remain protected.

Court Disposition

Order made protecting the officer’s full legal name and permitting him to testify publicly using only the name 'David' pursuant to s.83(1)(d) IRPA

Orders

  • Officer to testify publicly under the pseudonym 'David' with his full legal name and identity protected from disclosure pursuant to paragraph 83(1)(d) of the Immigration and Refugee Protection Act