EVIDENCE |
Canada (Attorney General) v. Ribic
DES-1-02
2002 FCT 839, Lutfy A.C.J.
2/8/02
10 pp.
Applicant seeking order, under Canada Evidence Act, s. 38.06(3), confirming prohibition of disclosure of five documents in possession of Department of National Defence said to contain "sensitive information", "potentially injurious information" which, if disclosed publicly, could injure international relations, national defence, national security--In four of five secret documents, all of information deleted except for transmittal data--Order that secret information be disclosed triggered notification provisions in Act, ss. 38.01(2), 38.03(3)--In view of serious criminal charges, applicant not objecting to Court's immediate inspection of secret documents --Each of secret documents containing information, disclosure of which would be injurious to international relations, national defence, national security--Four of five secret documents contain intelligence information obtained by Department of National Defence in confidence, on understanding information would not be disclosed publicly-- However, Act, s. 38.06(2) requiring Court to consider whether public interest in disclosure outweighs public interest in non-disclosure--Designated judge may authorize disclosure of all or part of information in severed, summary form where, after assessment of competing interests, public interest in disclosure so warrants--Public interest in disclosure to assure fair trial where accused faces serious charges and, if convicted, possibility of substantial penitentiary sentence--Reasons for order written with view of not disclosing secret information and, to extent possible, evidence, representations in ex parte sessions and some of argument of counsel for respondent Ribic--Canada Evidence Act, R.S.C., 1985, c. C-5, ss. 38.01 (as enacted by S.C. 2001, c. 41, s. 43), 38.03 (as enacted idem), 38.06 (as enacted idem).