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Constitutional law 2026 SCC 14

Alford v. Canada (Attorney General)

The Supreme Court of Canada upheld s. 12 of the NSICOP Act, holding Parliament may limit parliamentary privilege by ordinary legislation under s. 18 of the Constitution Act, 1867.

  • Parliamentary privilege
  • Section 18 constitution act 1867
  • Statutory committee oversight
  • Nsicop act s.11 and s.12
  • Freedom of speech in parliament
  • Constitutional amendment limits
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Constitutional law 2026 FC 242

Canadian Security Intelligence Services Act (Re)

The Federal Court held the Charter did not apply to foreign collection of CEM or CSIS’s receipt and use of Processed CEM, but did apply to exploitation of Bulk CEM.

  • Charter s.8 search and seizure
  • Extraterritorial application of the charter
  • Csis act dataset regime (ss.11.01-11.25)
  • Electronic device search warrants
  • Interagency information sharing
  • Charter-s-8-search-and-seizure
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National security law 2026 FC 187

Almrei v. Canada (Attorney General)

The Federal Court confirmed non-disclosure of redacted portions of Justice Mosley’s 2024 judgment, but approved limited summaries for disclosure.

  • Disclosure
  • Public interest balancing
  • Csis human source privilege (s 18.1)
  • Canada evidence act s 38/s 38.06
  • Redaction and summaries
  • Mosaic effect
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Administrative law 2026 FCA 14

BRITISH COLUMBIA CIVIL LIBERTIES ASSOCIATION v. ATTORNEY GENERAL OF CANADA

The Court held that subsection 38.06(2) of the Canada Evidence Act authorizes a designated Federal Court judge to order disclosure of an unredacted classified certified tribunal record to the applications judge while withholding it from the applicant where the public interest balancing and conditions in s.38.06(2) are met; Ahmad and Telbani support extending that authority to civil judicial review, subject to the applications judge ensuring procedural fairness (including amicus/summaries/conditions).

  • Canada evidence act s.38.06(2)
  • Procedural fairness
  • Closed material procedure
  • Disclosure of classified tribunal records
  • Judicial review
  • Csis oversight
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Human rights 2026 CHRT 6

Abdi et al. v. Immigration, Refugees and Citizenship Canada, Public Safety Canada, Canada Border Services Agency and Canadian Security Intelligence Service

The Tribunal granted a limited abeyance until March 23, 2026, finding that a new NSIRA report and resulting Commission decision could affect the complaints.

  • Abeyance
  • Procedural fairness
  • Judicial review
  • Nsira referral
  • Discrimination - national or ethnic origin
  • Delay in immigration processing
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Constitutional law 2026 FCA 6

Canada (Attorney General) v. Canadian Civil Liberties Association

The Court dismissed the appeals and upheld the Federal Court’s core conclusions: the GIC/Cabinet’s Proclamation was unreasonable and ultra vires because the statutory thresholds in the Emergencies Act were not satisfied (no reasonable grounds that threats to the security of Canada existed under CSIS Act s.2 and no national emergency exceeding provincial capacity or not amenable to other laws); the Regulations were overbroad and unjustifiably infringed s.2(b) of the Charter; the Economic Order’s information‑sharing/search regime violated s.8 of the Charter and was not justified under s.1; the…

  • Emergencies act invocation
  • Public order emergency
  • Reasonableness standard of judicial review
  • Standing
  • Admissibility of poec evidence (rule 312)
  • Freedom of expression s.2(b)
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Administrative law 2026 FC 37

Canada (Attorney General) v. El Didi

The Federal Court confirmed confidentiality for emails about appointing an amicus curiae in CEA section 38 applications, applying the Sherman Estate test and refusing journalist access.

  • Open court principle
  • Canada evidence act s.38
  • Amicus curiae appointment
  • Confidentiality orders
  • Publication bans
  • Sherman estate test
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Human rights 2026 CHRT 3

Ariaratnam v. Canadian Security Intelligence Service

The Tribunal limited the complaint to the 2016 site access clearance, allowed additional discrimination grounds, and excluded pre-2016 allegations as outside scope.

  • Scope of complaint
  • Referral to tribunal
  • Grounds of discrimination
  • Intersectionality
  • Procedural fairness
  • Case management
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National security law 2025 FC 1978

Canadian Security Intelligence Services v. Canada (Justice)

Federal Court decision on a CSIS supplemental warrant application concerning IP addresses, privacy under s. 8, passive receipt, and the scope of s. 12 of the CSIS Act.

  • Reasonable expectation of privacy
  • Ip addresses
  • Section 12 csis act
  • Section 21 csis act
  • Bykovets (r v bykovets)
  • Interagency information sharing
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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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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.