Case information
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36107
In the Matter of an Application for Warrants Pursuant to Sections 12 and 21 of the Canadian Security Intelligence Service Act, R.S.C. 1985, c. C-23
(Federal) (Civil) (By Leave)
(Sealing order)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2015-06-19 | Appeal closed | |
| 2015-06-19 | Discontinuance of the appeal, (Letter Form) | In the Matter of an Application for Warrants Pursuant to Sections 12 and 21 of the Canadian Security Intelligence Service Act, R.S.C. 1985, c. C-23 |
| 2015-06-10 | Order on motion to extend time, (by JUSTICE GASCON) | |
| 2015-06-10 |
Decision on motion to extend time, Ga, UPON APPLICATION by the appellant for 1) an extension of time to file his factums, records and books of authorities to June 19, 2015, 2) permitting the appellant to file ten (10) redacted copies of the record and two (2) unredacted copies of the record, 3) permitting the appellant and the amicus curiae to file twenty-four (24) redacted copies and ten (10) unredacted copies of their factums and 4) prohibiting public access to the unredacted factums and records; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: 1. The motion is granted in part. 2. The appellant shall serve and file his factums, records and books of authorities on or before June 19, 2015; 3. The appellant shall comply with Rule 35(1)(c) of the Rules of the Supreme Court of Canada in respect of the amount of redacted copies of the record to be filed; 4. The appellant shall file eleven (11) unredacted copies of the record; 5. The appellant and the amicus curiae shall comply with Rule 35(1)(c) of the Rules of the Supreme Court of Canada in respect of the amount of redacted copies of their factums to be filed; 6. The appellant and the amicus curiae shall file eleven (11) unredacted copies of their factums; and 7. The unredacted documents will only be made available to members of this Court and authorized Court staff. Allowed in part |
|
| 2015-06-10 | Submission of motion to extend time, Ga | |
| 2015-05-27 | Response to motion to extend time, (Letter Form), Completed on: 2015-05-27 | Gordon Cameron |
| 2015-05-26 | Correspondence received from, Christopher Rupar by fax, re: approval of the Federal Court of Appeal and the Federal Court | In the Matter of an Application for Warrants Pursuant to Sections 12 and 21 of the Canadian Security Intelligence Service Act, R.S.C. 1985, c. C-23 |
| 2015-05-22 | Motion to extend time, (Book Form), (amended motion filed June 8, 2015), Completed on: 2015-05-22, (Electronic version filed on 2015-05-22) | In the Matter of an Application for Warrants Pursuant to Sections 12 and 21 of the Canadian Security Intelligence Service Act, R.S.C. 1985, c. C-23 |
| 2015-05-04 |
Order on miscellaneous motion, for the appointment of an amicus curiae (by the CHIEF JUSTICE) |
|
| 2015-05-04 |
Decision on miscellaneous motion, for the appointment of an amicus curiae, CJ, UPON APPLICATION by the appellant for an order appointing Mr. Gordon Cameron as amicus curiae; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: Mr. Gordon Cameron is appointed as amicus curiae to assist the Court by filing a factum of no more than forty (40) pages and a book of authorities on or before July 24, 2015, and by making oral submissions at the hearing of the appeal; The appellant shall pay the amicus curiae the rate of pay set according to the Special Advocates Program of the Department of Justice. Granted |
|
| 2015-05-04 | Submission of miscellaneous motion, for the appointment of an amicus curiae, CJ | |
| 2015-04-08 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2015-04-07 | Notice of miscellaneous motion, (Letter Form), for the appointment of an amicus curiae, Completed on: 2015-04-07, (Electronic version due on 2015-04-14) | In the Matter of an Application for Warrants Pursuant to Sections 12 and 21 of the Canadian Security Intelligence Service Act, R.S.C. 1985, c. C-23 |
| 2015-03-06 | Notice of appeal, Completed on: 2015-03-06 | In the Matter of an Application for Warrants Pursuant to Sections 12 and 21 of the Canadian Security Intelligence Service Act, R.S.C. 1985, c. C-23 |
| 2015-02-06 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2015-02-06 | Judgment on leave sent to the parties | |
| 2015-02-05 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-145-14, 2014 FCA 249, dated July 31, 2014, is granted without costs. Granted, without costs |
|
| 2015-01-12 | All materials on application for leave submitted to the Judges, CJ Wa Ga | |
| 2014-12-03 | Applicant's reply to respondent's argument, Completed on: 2014-12-03 | In the Matter of an Application for Warrants Pursuant to Sections 12 and 21 of the Canadian Security Intelligence Service Act, R.S.C. 1985, c. C-23 |
| 2014-11-24 | Certificate (on limitations to public access) | Gordon Cameron |
| 2014-11-24 | Respondent's response on the application for leave to appeal, Completed on: 2014-11-24, (Electronic version filed on 2014-11-24) | Gordon Cameron |
| 2014-11-20 | Correspondence received from, email from Robert J. Frater dated November 20, 2014 re: style of cause | In the Matter of an Application for Warrants Pursuant to Sections 12 and 21 of the Canadian Security Intelligence Service Act, R.S.C. 1985, c. C-23 |
| 2014-11-17 | Correspondence received from, email from Gordon Cameron dated November 17, 2014 re: style of cause | Gordon Cameron |
| 2014-11-13 | Correspondence received from, Robert Frater dated November 13, 2014 re: public auxiliary motions | In the Matter of an Application for Warrants Pursuant to Sections 12 and 21 of the Canadian Security Intelligence Service Act, R.S.C. 1985, c. C-23 |
| 2014-11-07 | Correspondence received from, Robert Frater dated November 7, 2014 re: CD filed | In the Matter of an Application for Warrants Pursuant to Sections 12 and 21 of the Canadian Security Intelligence Service Act, R.S.C. 1985, c. C-23 |
| 2014-11-07 |
Order by, CJ, FURTHER TO THE ORDER dated November 5, 2014 unsealing the file, except for the book of judgments; AND FURTHER TO THE CORRESPONDENCE dated November 6 and 7, 2104, from the Attorney General of Canada, requesting that the affidavit of Mr. Jacques-Michel Cyr, filed in support of the motion to seal filed on September 29, 2014, be sealed because it refers to confidential directions from the courts below; IT IS HEREBY ORDERED THAT: 1. The record on the motion to seal filed on September 29, 2014 containing the affidavit of Mr. Jacques-Michel Cyr shall be sealed and is available only to members of this Court and authorized Court staff. 2. The applicant shall file a redacted paper copy of the record on the motion to seal, including a redacted copy of the affidavit of Mr. Jacques-Michel Cyr. Granted |
|
| 2014-11-07 | Correspondence received from, Robert Frater dated November 7, 2014 re: confidential information (by email) | In the Matter of an Application for Warrants Pursuant to Sections 12 and 21 of the Canadian Security Intelligence Service Act, R.S.C. 1985, c. C-23 |
| 2014-11-06 | Correspondence received from, (Letter Form), Robert Frater dated November 6, 2014 re: affidavit containing confidential information (with CD) | In the Matter of an Application for Warrants Pursuant to Sections 12 and 21 of the Canadian Security Intelligence Service Act, R.S.C. 1985, c. C-23 |
| 2014-11-05 |
Order by, CJ, FURTHER TO THE ORDER dated October 23, 2104, sealing the application for leave to appeal, the letter to the Registrar from Robert Frater dated September 29, 2014, and the auxiliary motions; AND HAVING REGARD to the fact that the Federal Court of Appeal released its public reasons for judgment on October 31, 2014 and the applicant no longer seeks to maintain the sealing order; AND GIVEN the consent of the amicus curiae; IT IS HEREBY ORDERED THAT: 1) The file is unsealed except for the book of judgments containing the unredacted judgments from the Federal Court of Appeal and Federal Court. 2) The sealed documents will only be made available to members of this Court and authorized Court staff. 3) The Court’s case management system shall be updated to contain all materials that have been filed and the content of the sealing order rendered October 23, 2014. 4) The style of cause on the Court’s case management system shall be modified to reflect the above noted style of cause. Granted |
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| 2014-11-04 | Correspondence received from, Robert Frater by hand, re: filing of electonic version of materials (CD-Rom included) | In the Matter of an Application for Warrants Pursuant to Sections 12 and 21 of the Canadian Security Intelligence Service Act, R.S.C. 1985, c. C-23 |
| 2014-10-31 | Correspondence received from, Robert Frater by hand, re: request to have the sealing order of October 23, 2014, vacated (draft order included) | In the Matter of an Application for Warrants Pursuant to Sections 12 and 21 of the Canadian Security Intelligence Service Act, R.S.C. 1985, c. C-23 |
| 2014-10-31 | Supplemental document, Public judgments from the lower courts titled "Documents in support of application for leave to appeal" | In the Matter of an Application for Warrants Pursuant to Sections 12 and 21 of the Canadian Security Intelligence Service Act, R.S.C. 1985, c. C-23 |
| 2014-10-23 | Order on miscellaneous motion, (by THE CHIEF JUSTICE) | |
| 2014-10-23 |
Decision on the miscellaneous motion, (Unsealed by the Chief Justice on November 5, 2014), CJ, UPON APPLICATION by the applicant for an order sealing the application for leave to appeal, the unredacted versions of the judgments referred to in this application, the letter to the Registrar from Robert Frater dated September 29, 2014, and the auxiliary motions; AND UPON APPLICATION by the applicant for an order appointing Mr. Gordon Cameron as amicus curiae in accordance with the terms and conditions set out in the courts below; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: 1) The motions are granted; 2) Mr. Gordon Cameron is appointed as amicus curiae to assist the Court by filing a response to the application for leave to appeal within 30 days of this order; 3) The Court’s case management system shall only contain a file number and a reference to the parties as “B” and “C”; 4) No information regarding this case shall be released on the Court’s website, or in news releases and publications; 5) All documents, including correspondence, that have been or will be filed by the applicant or amicus curiae shall be sealed; 6) The sealed documents will only be made available to members of this Court and authorized Court staff; 7) The applicant shall file redacted public versions of his materials once the public reasons of the Federal Court of Appeal are issued; 8) This order is sealed and will remain in effect until otherwise ordered. Only the applicant and amicus curiae shall receive a copy of this order. Granted |
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| 2014-10-23 | Submission of miscellaneous motion, CJ | |
| 2014-10-21 | Correspondence received from, Robert Frater by hand, re: amicus curiae | In the Matter of an Application for Warrants Pursuant to Sections 12 and 21 of the Canadian Security Intelligence Service Act, R.S.C. 1985, c. C-23 |
| 2014-09-29 | Correspondence received from, Robert Frater by hand, re: temporary sealing order | In the Matter of an Application for Warrants Pursuant to Sections 12 and 21 of the Canadian Security Intelligence Service Act, R.S.C. 1985, c. C-23 |
| 2014-09-29 | Supplemental document, (Book Form), Unredacted lower court judgments (SEALED) | In the Matter of an Application for Warrants Pursuant to Sections 12 and 21 of the Canadian Security Intelligence Service Act, R.S.C. 1985, c. C-23 |
| 2014-09-29 |
Notice of miscellaneous motion, (Book Form), Motion to appoint amicus curiae and motion to seal (SEALED) 2 redacted copies filed on November 13, 2014, Completed on: 2014-09-29 |
In the Matter of an Application for Warrants Pursuant to Sections 12 and 21 of the Canadian Security Intelligence Service Act, R.S.C. 1985, c. C-23 |
| 2014-09-29 | Certificate (on limitations to public access) | In the Matter of an Application for Warrants Pursuant to Sections 12 and 21 of the Canadian Security Intelligence Service Act, R.S.C. 1985, c. C-23 |
| 2014-09-29 | Application for leave to appeal, (Book Form), Completed on: 2014-09-29 | In the Matter of an Application for Warrants Pursuant to Sections 12 and 21 of the Canadian Security Intelligence Service Act, R.S.C. 1985, c. C-23 |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| In the Matter of an Application for Warrants Pursuant to Sections 12 and 21 of the Canadian Security Intelligence Service Act, R.S.C. 1985, c. C-23 | Appellant | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Cameron, Gordon | Amicus curiae | Active |
Counsel
Party: In the Matter of an Application for Warrants Pursuant to Sections 12 and 21 of the Canadian Security Intelligence Service Act, R.S.C. 1985, c. C-23
Counsel
50 O'Connor Street, Suite 500, Room 556
Ottawa, Ontario
K1P 6L2
Telephone: (613) 670-6289
FAX: (613) 954-1920
Email: robert.frater@justice.gc.ca
Party: Cameron, Gordon
Counsel
340 Albert St., Suite 1750
Constitution Square, Tower 3
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 788-2222
FAX: (613) 788-2247
Email: gord.cameron@blakes.com
Summary
Keywords
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Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
National security – Security intelligence – Warrants – Federal Court issuing warrant to CSIS for the interception from within Canada of telecommunications of Canadian citizens travelling abroad – CSIS failing to disclose on warrant application its intention to seek the assistance of foreign partner agencies for the interception of telecommunications of Canadians abroad – Federal Court finding that CSIS breached its duty of candour on ex parte warrant application – Federal Court holding that s. 12 of the Canadian Security Intelligence Service Act does not authorize CSIS to make such requests to foreign partner agencies – What is the scope of the Federal Court’s jurisdiction under s. 21 of the CSIS Act to issue warrants governing the interception of communications of Canadians by foreign agencies at Canada’s request – What is the scope of CSIS’s disclosure obligations on warrant applications – Canadian Security Intelligence Service Act, R.S.C. 1985, c. C-23, ss. 12, 21.
In 2009, a warrant was issued permitting the Canadian Security Intelligence Service (“CSIS”) to intercept, within Canada, the telecommunications of two Canadian citizens travelling abroad. In 2013, it came to the attention of the issuing judge that, where similar warrants were issued, it had become the practice for CSIS and for the Communications Security Establishment (“CSE”) to make requests to foreign partner agencies for assistance in the targeting of the communications of Canadians abroad. The court recalled counsel to address two issues: (1) whether the Attorney General had met his duty of candour when applying for such warrants, and in particular, whether the assistance provided by CSE in tasking foreign partners should have been disclosed; and (2) whether s. 12 of the Canadian Security Intelligence Service Act authorizes CSIS to engage the assistance of foreign agencies in intercepting the communications of Canadians abroad. The court found that the Attorney General had breached his duty of candour and that s. 12 of the CSIS Act did not authorize CSIS to engage the assistance of foreign agencies. The Court of Appeal dismissed the Attorney General’s appeal.
Lower court rulings
Federal Court
SCRS-10-07, 2008 FC 301
Federal Court
CSIS-30-08, 2009 FC 1058
Warrant application granted
Federal Court
CSIS-30-08, 2013 FC 1275
Further reasons for order issued: findings that CSIS breached its duty of candour and that s. 12 of the CSIS Act does not authorize CSIS to make requests to foreign partners for the interception of telecommunications of Canadians abroad
Federal Court of Appeal
A-145-14, 2014 FCA 249
Appeal from further reasons for order dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
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The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
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