Moumdjian v. Canada ( Security Intelligence Review Committee )
CEA-1-89
Rothstein J.
25/4/95
14 pp.
Application pursuant to Act, s. 38(1) to determine objection by CSIS to disclosure of information contained in certificate filed with Federal Court in support of motion to exclude same from judicial review of Security Intelligence Review Committee (Committee) decision -- Issue extent of disclosure to applicant of evidence received in his absence by Committee for purposes of judicial review of Committee's decision -- Applicant, Lebanese citizen of Armenian parentage, becoming landed immigrant and applying for Canadian citizenship -- Citizenship application held up -- Applicant subject of report to Committee pursuant to Immigration Act, s. 39(2)(a) -- Committee convening hearings and receiving certain in camera testimony -- Applicant given summary of in camera evidence -- At hearing, CSIS making confidential submission not disclosed to applicant -- Committee concluding applicant within Immigration Act, s. 19(1)(g) class of persons and issuing certificate to have applicant removed from Canada-Confidential information disclosed to Court of Appeal for purposes of judicial review -- Public disclosure of Committee report cannot be subject of consideration for disclosure by this Court due to mandatory nature of s. 39(1) -- Disclosure of certificate information determined in two-stage process pursuant to Act, s. 38(1) (Goguen v. Gibson, [1983] 2 F.C. 463 (C.A.)) -- Court first weighing competing interest in disclosure versus interest in keeping information immune from disclosure; secondly, where interest in disclosure at least equal to that for immunity from disclosure, Court proceeding to determine which interest is more important in particular circumstances -- Reasons supporting request Court inspect information including: (1) applicant's citizenship held up; (2) applicant denying number of assertions against him; (3) applicant receiving only general summary of in camera evidence; (4) proceeding may lead to applicant's removal from Canada -- Court exercising discretion to inspect confidential information: review of in camera transcripts revealing very proactive position by Committee in favour of as much disclosure as possible -- Committee diligently and carefully considering applicant's interest in disclosure -- Public interest in disclosure not outweighing requirement for confidentiality for national security reasons: document which respondents seek to keep confidential should not be disclosed -- CSIS objection to disclosure upheld in its entirety-Application under Canada Evidence Act dismissed -- Canada Evidence Act, R.S.C., 1985, c. C-5, ss. 38(1), 39(1), (2)(a) -- Immigration Act, 1976, S.C. 1976-77, c. 52, s. 19(1)(g).