Canada ( Minister of Citizenship and Immigration ) v. Singh
DES-1-98
Rothstein J.
12/6/98
12 pp.
In course of Immigration Act, s. 40.1 proceedings (determination of whether certificate stating respondent inadmissible to Canada reasonable), respondent moving for production of transcripts, translations of wiretapped telephone communications made by him from own telephone-Alleging, apart from security intelligence report itself, entitled under s. 40.1(4)(a) to evidence submitted to designated judge by applicants, unless applicants demonstrating evidence should not be disclosed on grounds disclosure injurious to national security or safety of persons-Submitting disclosure of own conversations not so injurious as knows persons with whom speaking, content of conversations-Concerned only with accuracy of translation from Punjabi-Assuming line tapped, applicants arguing disclosure could be injurious to national security if hampering other investigations eg. if information so obtained including codes used by respondent and other subjects of ongoing investigations-Under s. 40.1(4)(a) security intelligence report examined by designated judge in camera-Contemplating examination, as opposed to hearing, as in case of "other evidence or information"-Designated judge determining whether "other evidence or information" heard in presence or absence of person named in certificate-Illogical to interpret s. 40.1(4)(a) so that respondent entitled to be present, obtain complete disclosure of security intelligence report because reference only to examination being conducted in camera but not in absence of respondent-Parliament not intending respondent be entitled to see security intelligence report, but might be denied disclosure of any "other evidence or information"-Disclosure of contents of security intelligence report to respondent by way of summary statement under s. 40.1(4)(b)-Whether wiretap evidence part of security intelligence report or "other evidence or information", disclosure of which not injurious to national security or safety of persons-Security intelligence report containing numerous footnote references to other documents-Respondent seeking evidence contained in underlying documents-Underlying documents incorporated by reference into and forming part of report-Disclosure of underlying documents must be treated in same manner as disclosure of actual report-Consistent with reasonable interpretation of legislative provisions-Illogical to make details underlying report more readily subject to disclosure than analysis of, conclusions based on, information in report itself-Enactment of s. 40.1(5.1) (information from foreign governments considered in camera and in absence of person named in certificate by designated judge) not implying all other details underlying and incorporated into security intelligence report may be disclosed as "other evidence or information" under s. 40.1(4)(a)-Treatment of underlying documentation incorporated by reference into security intelligence report also consistent with dicta of McGillis J. in Ahani v. Canada, [1995] 3 F.C. 669 (T.D.), affd (1996), 201 N.R. 233 (F.C.A.); leave to apeal to S.C.C. denied [1997] 2 S.C.R. v-While not dealing with distinction between report, underlying details incorporated therein, reasons necessarily implying underlying information must be treated as part of and in same manner as report itself-Approach was that all information examined by designated judge in camera, including report, underlying details (and other evidence or information heard in absence of person named in certificate under s. 40.1(4)(a)) be disclosed to person named in certificate only in accordance with s. 40.1(4)(b)-Having concluded underlying details incorporated by reference into, forming part of, security intelligence report, following not "other evidence or information" as term used in s. 40.1(4)(a)-As result examined by designated judge in camera and disclosure governed by s. 40.1(4)(b)-Respondent need not be provided with statement summarizing disclosure requested to be reasonably informed of circumstances giving rise to certificate-Immigration Act, R.S.C., 1985, c. I-2. s. 40.1(4)(a) (as enacted by R.S.C., 1985 (4th Supp.), c. 29, s. 4); (b) (as enacted idem), (5.1) (as enacted idem; S.C. 1992, c. 49, s. 31).