Mahjoub (Re)

Mahjoub (Re)

The court balanced the named person's entitlement to be reasonably informed against national security and third party protection obligations and directed disclosure only to the extent that it would not be injurious: the Ministers must provide a consolidated public summary and cross-referencing (already produced), disclose the Interpol notice and that a substantial portion of SIR information originates from foreign agencies, confirm the evidence was obtained by CSIS prior to June 2000, and identify which Consolidated Public Summary allegations rely on destroyed or unavailable evidence; disclosure of specific foreign source names and specific dates was refused as injurious to national...

Citation
2010 FC 325
Parties
Named Person: Mohamed Zeki Mahjoub; Respondent: The Ministers; Intervenor: Special Advocates
Court
Federal Court
Jurisdiction
Canada
Judgment Date
19 March 2010
Procedural Posture
Security Certificate Under Section 77 IRPA / Preliminary Motion to Reasonableness Hearing for Further Particulars and Disclosure
Outcome
Motion for further particulars and disclosure granted in part and denied in part
Legal Topics
Security Certificates, Special Advocates Procedure, Public Summary of Security Intelligence Report, Third Party Rule, National Security Privilege, S.83 IRPA Disclosure Obligations, Destruction of Operational Evidence
Source Language
English
Immigration Law National Security Administrative Law Procedural Fairness Evidence and Disclosure Security Certificates Special Advocates Procedure Public Summary of Security Intelligence Report +4 more

Case Brief

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Parties

Mohamed Zeki Mahjoub

Named Person

The Ministers

Respondent

Special Advocates

Intervenor

Procedural Posture

Security Certificate Under Section 77 IRPA / Preliminary Motion to Reasonableness Hearing for Further Particulars and Disclosure

Legal Issues

  1. 1 Whether the named person is entitled to further and better particulars and disclosure of evidence relied upon by the Ministers
  2. 2 Whether a consolidated public summary integrating supplementary allegations must be produced
  3. 3 Whether disclosed materials must be cross-referenced to specific allegations

Ratio Decidendi

The court balanced the named person's entitlement to be reasonably informed against national security and third party protection obligations and directed disclosure only to the extent that it would not be injurious: the Ministers must provide a consolidated public summary and cross-referencing (already produced), disclose the Interpol notice and that a substantial portion of SIR information originates from foreign agencies, confirm the evidence was obtained by CSIS prior to June 2000, and identify which Consolidated Public Summary allegations rely on destroyed or unavailable evidence; disclosure of specific foreign source names and specific dates was refused as injurious to national...

Court Disposition

Motion for further particulars and disclosure granted in part and denied in part

Orders

  • The Ministers shall provide Mahjoub and his counsel by March 23, 2010 a table indicating which allegations in the Consolidated Public Summary of the SIR rely on evidence that has been destroyed or is otherwise not available
  • The court accepted and recorded that a Consolidated Public Summary of the SIR and cross-referencing to summaries of conversations and surveillance have been provided to Mahjoub