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The Federal Court authorized CSIS to retain two Canadian datasets for two years, subject to conditions on updates, access, deletions, and contextual reporting.
The appeal is dismissed: in the context of CSIS Act s.16 the words "within Canada" require that assistance and collection occur within Canada's geographic limits; where the proposed method would involve significant and legally consequential extraterritorial activity and probable breaches of foreign or international law the court may not authorize it under s.21; adaptation to technological change that would expand s.16 is a matter for Parliament, not the courts.
Source excerpt
The Federal Court declined to quash a CSIS warrant against Awso Peshdary, finding some omissions and later source material were material but not outcome-determinative.
Mosley J. held that CSIS failed to disclose material facts in 30-08 warrant applications and that s. 12 did not authorize using foreign partners to intercept Canadians' communications abroad.
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