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The Tribunal granted CSISâs motion for a broader confidentiality order, requiring redactions, pseudonyms, and in-camera testimony to protect national security information.
The Tribunal granted Cogecoâs confidentiality motion and sealed five specified business documents, finding disclosure would risk confidential commercial interests.
The Supreme Court upheld informer privilege, rejected any âsecret trialâ characterization, and ordered partial disclosure of a redacted trial judgment.
The Tribunal denied CSIS's request for blanket audio-only or camera-off testimony because a less intrusive, reasonable alternative existed: holding in camera testimony attended only by the member, registry officer, parties' counsel, CSIS instructing authorities and the complainant, with witnesses testifying with cameras on and an audio recording placed on the official record; this approach preserves confidentiality mandated by s.18 of the CSIS Act, respects s.52 CHRA balancing requirements, and protects trial fairness and credibility assessment by allowing visual observation by the decision-mâŠ
Source excerpt
The Federal Court correctly applied the reasonableness standard; CSIS reasonably concluded any records in PPU 045 were exempt from disclosure under the Privacy Act and was entitled to neither confirm nor deny existence; the Palmer test for new evidence was not met because the proffered evidence did not bear on the decision under review; procedural fairness was preserved by accepting secret CSIS evidence ex parte and an in camera hearing was not required; the Charter challenge failed for lack of supporting evidence.
Source excerpt
The Court of Appeal dismissed Postmediaâs challenge to secrecy orders and a parallel filing procedure, holding there was no procedural unfairness and the sealed record allowed review.
The Supreme Court of Canada held that the Transportation Safety Board had no general right to make private submissions on a cockpit voice recorder disclosure motion and upheld disclosure under the statutory balancing test.
The court maintained and refined an ex parte injunction restraining disclosure of privileged material tied to related family litigation, and declined to require an undertaking as to damages.
The British Columbia Court of Appeal dismissed a request for a fully in camera appeal, but ordered limited in camera hearing for issues under ss. 278.93 and 278.3.
The Court of Appeal for British Columbia granted the Crownâs in camera application to unredact a trial counsel affidavit in an ineffective assistance appeal.
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