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Canada Case Law

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Immigration law 2026 FC 366

A.A. v. Canada (Citizenship and Immigration)

The Federal Court dismissed a mandamus application over delayed Gaza TRV processing, finding biometrics remained outstanding and the delay was not shown to be unreasonable.

  • Mandamus
  • Temporary resident visa
  • Biometrics
  • Security screening
  • Temporary public policy
  • Exit facilitation
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Administrative law 2026 FC 203

Barnes v. Canada (Prime Minister)

The Federal Court partly allowed an ATIA application over historic intelligence records, ordered disclosure of several pages, remitted one discretion issue, and awarded costs.

  • Subsection 13(1) atia
  • Subsection 13(2) discretion
  • Subsection 15(1) injury‑based exemption
  • De novo review
  • Reasonableness review of discretion
  • Oic recommendations
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National security law 2025 FC 1940

Canada (Attorney General) v. Al Jabri

The Federal Court partly granted a Canada Evidence Act s. 38 application, confirming some redactions, allowing some disclosure with summaries, and imposing conditions for use of the documents.

  • Canada evidence act s.38
  • Non-disclosure of sensitive information
  • Litigation privilege
  • Balancing public interest in disclosure vs non-disclosure
  • Amicus curiae role
  • Canada-evidence-act-s38
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Criminal law 2025 FC 1777

Canada (Attorney General) v. Majcher

The Federal Court confirmed a Canada Evidence Act section 38 non-disclosure order in William Robert Majcher’s prosecution, finding the withheld material injurious and its disclosure not justified.

  • Non-disclosure / public interest immunity
  • Section 38 canada evidence act
  • Security of information act (soia)
  • Foreign interference
  • Crown disclosure (stinchcombe)
  • Ribic balancing test
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Evidence 2025 FC 1190

Canada (Attorney General) v. Canadian Transit Company

The Federal Court applied the Canada Evidence Act s. 38 regime, confirming non-disclosure for some redactions and ordering limited summaries and lifted wording for others.

  • Canada evidence act s.38 regime
  • Diplomatic confidentiality
  • Injury to international relations
  • Disclosure vs non-disclosure balancing
  • Amicus curiae role
  • Canada-evidence-act-s38
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Administrative law 2023 FC 1100

Canada (Attorney General) v. Abdelrazik

The Federal Court partly allowed a Canada Evidence Act s. 38 application, confirming many disclosure bans and allowing some information to be disclosed through court-approved summaries.

  • Canada evidence act s.38
  • Third party rule / originator-controlled information
  • Summaries under s.38.06(2)
  • Balancing public interest in disclosure vs non-disclosure
  • Injury threshold ('would' = probability)
  • Protection of intelligence sources and csis employee identities
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National security 2023 FC 40

Canada (Attorney General) v. Al Jabri

The Federal Court dismissed Sakab’s motion seeking production of a proffer in a section 38 Canada Evidence Act proceeding and held the statutory process could continue.

  • Canada evidence act s.38 procedure
  • Litigation privilege
  • Abuse of process
  • State immunity
  • Stay of proceedings
  • Role of amicus curiae
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Administrative law 2022 FC 1707

Canada (Attorney General) v. Bilak

The Federal Court confirmed a Canada Evidence Act s. 38 prohibition on disclosure of redacted memorandum material, finding probable injury to international relations.

  • Section 38 canada evidence act
  • Ribic three‑part test
  • Disclosure prohibition
  • Balancing public interest
  • Special economic measures act permits
  • Canada-evidence-act
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Access to information act 2021 FC 1479

Imai v. Canada (Foreign Affairs)

The Federal Court upheld redactions in access-to-information records about Canada’s response to the Marlin Mine dispute and dismissed Shin Imai’s judicial review.

  • Subsection 15(1) international affairs exemption
  • Paragraph 20(1)(c) third party information
  • Subsection 19(1) personal information
  • Discretionary disclosure
  • Oic review and de novo judicial review
  • Access-to-information-act
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Administrative law 2021 FCA 171

Portnov v. Canada (Attorney General)

The Court applied reasonableness review under Vavilov, concluded section 6 does not require re‑satisfaction of the section 4 preconditions for each extension, and held the Governor in Council’s decision to extend the Ukraine regulations was reasonable and therefore valid.

  • Reasonableness review (vavilov)
  • Delegated legislation / regulations
  • Extension of sunset regulations (s.6)
  • Judicial review procedure
  • Disclosure and evidence on review
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.