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The Federal Court consolidated and certified a proposed class action over alleged CSC interception of inmate communications, including privileged lawyer communications, and approved the parties’ litigation plan.
Court held CSC intercepted Colegrove's communications without the required reasonable grounds and without satisfying the least-restrictive-means requirement, and privileged calls were intercepted due to inadequate CSC training and oversight; information from those illegal intercepts given to RCMP tainted subsequent judicial authorizations, required excision from ITOs, invalidated the production order, and the Donnacona interception evidence was excluded against Colegrove under s.24(2); similar Donnacona material excluded against Hickey (s.24(1)/common law) though the warrant to search Hickey'…
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The court held the applicant met the O'Connor 'likely relevance' threshold for the CSC materials; three undated PowerPoint slides prepared by the Department of Justice were protected by solicitor-client privilege and not producible, privilege was not waived, but the remaining documents were truly relevant and must be produced to the Crown and defence with narrowly tailored redactions to protect proprietary or security-sensitive information because the salutary effects of disclosure outweigh deleterious effects.
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The Federal Court granted a pre-certification Heyder order designating Acheson Sweeney Foley Sahota LLP as class counsel and barring overlapping proposed class proceedings without leave.
The court dismissed a habeas corpus application challenging an emergency involuntary transfer from Mountain to Kent, finding the inmate received adequate disclosure and no unfairness from delayed written reasons.
The Federal Court found CSIS breached its duty of candour in 2018 warrant applications, but declined to set aside the warrants after balancing the undisclosed material.
The court declined to order a voir dire on a constitutional challenge to inmate-call recording rules, finding no operational conflict with the Criminal Code.
Application to strike portions of an extradition Record of the Case dismissed; the court held the overview and investigator opinions were permissible at this stage.
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.
The court dismissed an application to cross-examine the affiant on a Part VI wiretap ITO, finding no basis to challenge investigative necessity or alleged unlawful warrantless arrests.
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