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Decision Content

T-2162-87
Jamshid Zanganeh (Applicant)
v,
Canadian Security Intelligence Service (Respon- dent)
INDEXED AS: ZANGANEH V. CANADA (CANADIAN SECURITY INTELLIGENCE SERVICE)
Trial Division, Muldoon J.—Ottawa, April 13 and April 21, 1988.
Security intelligence — CSIS refused to admit or deny existence of information concerning applicant, as could be detrimental to Canadian security under Privacy Act ss. 19, 21, 22 and 26 — Secrecy justified under Privacy Act and Charter, s. 1 — Application to review dismissed.
Privacy — CSIS acted in conformity with Privacy Act in refusing to acknowledge whether or not information existed in personal information bank on persons suspected of espionage, sabotage and violent overthrow of government.
Constitutional law — Charter of Rights — Limitation clause — CSIS refusing access to information bank on persons suspected of espionage, sabotage — Even refusing to disclose whether having information on applicant to avoid compromis ing Canadian security — Secrecy in intelligence matters essen tial even in free and democratic society — Justified under Charter s. 1.
The applicant sought review, under section 41 of the Privacy Act, of a decision by the Canadian Security Intelligence Service to refuse access to personal information held in personal infor mation bank SIS/P-PU-010. CSIS did not indicate whether personal information existed but stated that, if it did, it could reasonably be expected to be exempted, in whole or in part, under sections 19, 21, 22 and 26 of the Privacy Act.
Held, the application should be dismissed.
Personal Information bank SIS/P-PU-010 contains informa tion on persons suspected of activities relating to espionage, sabotage or the overthrow by violence of the Canadian system of government as well as CSIS advice relating to the Citizen ship Act and the Immigration Act, 1976. Utter secrecy in intelligence matters, subject to certain checks, is essential even in a free and democratic society. Ex parte representations and an in camera hearing (provided under paragraph 46(1)(b) of the Privacy Act to avoid disclosure of whether personal infor mation exists where the head of a government institution has not indicated whether it exists or not) are justifiable in this context. The mere acknowledgment of the existence of any
information in the bank would compromise the security of Canada by providing a chink in the armour of secrecy. When CSIS acts in conformity with the Privacy Act and its own statute, the secrecy surrounding the fact of whether it even has information is justified under section 1 of the Charter.
STATUTES AND REGULATIONS JUDICIALLY CONSIDERED
Canadian Bill of Rights, R.S.C. 1970, Appendix III, s. 2(e).
Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.), ss. 1, 2, 7, 15.
Canadian Security Intelligence Service Act, S.C. 1984, c. 21.
Federal Court Act, R.S.C. 1970 (2nd Supp.), c. 10, s. 46. Privacy Act, S.C. 1980-81-82-83, c. 111 (Schedule II), ss.
12(1), 16, 19, 21, 22, 26, 29(1)(b),(h)(i),(iii), 41, 45,
46(1), 51, 52(2).
COUNSEL:
Jamshid Zanganeh, applicant, on his own
behalf.
Barbara A. Mcisaac for respondent.
SOLICITORS:
Deputy Attorney General of Canada for respondent.
The following are the reasons for order ren dered in English by
MULDOON J.: The applicant invokes the provi sions of the Privacy Act, S.C. 1980-81-82-83, c. 111 (Schedule II) in seeking the information, if any, which he believes to be "banked" by the respondent. The applicant's notice of motion runs as follows:
TAKE NOTICE that an application will be made to this Honour able Court ... for the review by this Honourable Court, pursuant to Section 41 of the said Act, of a decision to refuse access to personal information held in Canadian Security Intel ligence Service bank SIS/P-PU-010, which decision was investi gated by the Privacy Commissioner, whose conclusions were reported to the Applicant by letter dated September 18, 1987.
The application is to be dismissed for the reasons expressed herein.
The critical path and statutory sequence which lead to these proceedings are as follows:
(1) The applicant, having been interviewed some time ago by members of the former Security Ser vice of the RCMP came to believe that the respondent must have some information about him in its data banks. According to his affidavit, on June 24, 1987, the applicant filed a Personal Infor mation Request Form [TBC 350-58 (Rev. 83/10)] addressed to the respondent (sometimes herein: CSIS) and seeking "All information re my secu
rity file". A copy of that completed form is exhibit " A „
(2) The foregoing is the request provided for in subsection 12(1) of the Privacy Act (the Act), which states:
12. (1) Subject to this Act, every individual who is a Canadi- an citizen or a permanent resident within the meaning of the Immigration Act, /976 has a right to and shall, on request, be given access to
(a) any personal information about the individual contained in a personal information bank; and
(b) any other personal information about the individual under the control of a government institution with respect to which the individual is able to provide sufficiently specific information on the location of the information as to render it reasonably retrievable by the government institution.
(3) The applicant received from the Director Gen eral of Information Management at CSIS a response by letter dated July 17, 1987, a copy whereof is exhibit "B". That official reported that three information banks had been searched for the applicant, with the noted results, as follows:
SIS/P-PU-005—Security Assessments—This bank was searched and we found no personal information relating to you.
SIS/P-PU-010—Canadian Security Intelligence Service Record- s—Access to this bank cannot be granted because any personal information, if it existed in this bank, could reasonably be expected to be exempted, in whole or in part, pursuant to sections 19, 21, 22 and 26 of the Privacy Act. (Copies of those sections and of section 15 of
the Access to Information Act are attached for your information.)
SIS/P-PU-0l5—Canadian Security Intelligence Service Records—This bank consists of older, less sen sitive information which, if it contained person al information about you, may be disclosed to you. A search of this bank located the attached personal information about you. Some of the documents have been partially exempted by virtue of sections 21 and 26 of the Privacy Act.
The said letter continued:
If you are dissatisfied with the manner in which your requests have been processed, the Privacy Act provides that you may register a complaint with the Privacy Commissioner. [Address here given.]
At this hearing of his application, the applicant acknowledged the negative result from bank 005. He said that what he received in regard to bank 015 were "some application forms regarding resi dency which I filed years ago . .. nothing new". The applicant was dissatisfied and, as permitted no doubt pursuant to paragraph 29(1)(b) and sub- paragraphs (h)(i) and (iii), he applied to the Privacy Commissioner. The applicant's letter to that official is copied as exhibit "C" to his affidavit.
(4) The pertinent passage of exhibit "C", the applicant's letter of July 27, 1987 to the Privacy Commissioner, is:
As some possible misunderstandings could have been created, causing problem [sic], may I please ask you to proceed accord ing to the law, to let me have access to the information under bank SIS/P-PU-010. This would help to remove the problem and the possible misunderstandings.
(5) On September 18, 1987, the Privacy Commis sioner wrote a letter (exhibit "D") to the appli cant, reporting as follows:
[A]n investigator from my office has conducted inquiries on your behalf with the Canadian Security Intelligence Service (CSIS) concerning your complaint that you were denied access to personal information requested under the Privacy Act. These inquiries have now been completed.
Our inquiries have confirmed that in a letter dated July 17, 1987, CSIS wrote to you and stated that it could not give you access to information bank SIS/P-PU-010—Canadian Security Intelligence Service Records because any information about you in that bank, if it existed, could reasonably be expected to be exempted, in whole or in part, by virtue of sections 19, 21, 22 and 26 of the Privacy Act. I must inform you that such a response is in conformity with section 16 of the Act, which states that the head of a government institution is not required to indicate whether personal information exists, but must give notice of the provision of the Act on which a refusal of access could reasonably be expected to be based if the information existed.
I realize that this response is frustrating. However Parlia ment has decided that it is in the public interest that some types of information not be released and the existence of some information be neither confirmed nor denied. I am satisfied that in your case CSIS responded in accordance with the provisions of the Privacy Act, and that your complaint of a denial of access is not well-founded. Should you wish to pursue this matter further, you have the right to request a review of CSIS' response by the Federal Court of Canada within 45 days after you receive this letter.
If you should encounter any further difficulties which relate to the Privacy Act, I hope that you will not hesitate to write to my office again.
(6) The pertinent passages of the statutory provi
sions cited by CSIS and by the Privacy Commis sioner are these:
16. (I) Where the head of a government institution refuses to give access to any personal information requested under subsection 12(1), the head of the institution shall state in the notice given under paragraph 14(a)
(a) that the personal information does not exist, or
(b) the specific provision of this Act on which the refusal was based or the provision on which a refusal could reason ably be expected to be based if the information existed,
and shall state in the notice that the individual who made the request has a right to make a complaint to the Privacy Com missioner about the refusal.
(2) The head of a government institution may but is not required to indicate under subsection (I) whether personal information exists.
19. (I) Subject to subsection (2), the head of a government institution shall refuse to disclose any personal information requested under subsection 12(1) that was obtained in confi dence from
(a) the government of a foreign state or an institution thereof;
(b) an international organization of states or an institution thereof;
(c) the government of a province or an institution thereof; or
(d) a municipal or regional government established by or pursuant to an Act of the legislature of a province or an institution of such a government.
(2) The head of a government institution may disclose any personal information requested under subsection 12(1) that was obtained from a government, organization or institution described in subsection (1) if the government, organization or institution from which the information was obtained
(a) consents to the disclosure; or
(b) makes the information public.
20. The head of a government institution may refuse to disclose any personal information requested under subsection 12(1) the disclosure of which could reasonably be expected to be injurious to the conduct by the Government of Canada of federal-provincial affairs.
21. The head of a government institution may refuse to disclose any personal information requested under subsection 12(1) the disclosure of which could reasonably be expected to be injurious to the conduct of international affairs, the defence of Canada or any state allied or associated with Canada, as defined in subsection 15(2) of the Access to Information Act, or the efforts of Canada toward detecting, preventing or sup pressing subversive or hostile activities, as defined in subsection 15(2) of the Access to Information Act, including, without restricting the generality of the foregoing, any such information listed in paragraphs 15(1)(a) to (i) of the Access to Informa tion Act.
22. [Section 22 is not unimportant, but is just too long to recite here.]
26. The head of a government institution may refuse to disclose any personal information requested under subsection 12(1) about an individual other than the individual who made the request, and shall refuse to disclose such information where the disclosure is prohibited under section 8.
(7) The applicant was not satisfied with the report of the Privacy Commissioner and accordingly invoked section 41 of the Act:
41. Any individual who has been refused access to personal information requested under subsection 12(I) may, if a com plaint has been made to the Privacy Commissioner in respect of the refusal, apply to the Court for a review of the matter within forty-five days after the time the results of an investigation of the complaint by the Privacy Commissioner are reported to the complainant under subsection 35(2) or within such further time as the Court may, either before or after the expiry of those forty-five days, fix or allow.
Section 44 directs that an application such as this "shall be heard and determined in a summary way." Section 46 directs the Court to "take every reasonable precaution, including, when appropri ate, receiving representations ex parte and con ducting hearings in camera to avoid the disclo sure" of material which ought not to be disclosed.
(8) The burden of establishing that the head of a government institution is authorized to refuse to disclose information requested under subsection 12(1) "shall be on the government institution con cerned," according to section 47.
(9) Finally the manner of conducting a hearing in these circumstances is set out in section 51 of the Act, thus:
51. (1) Any application under section 41 or 42 relating to personal information that the head of a government institution has refused to disclose by reason of paragraph 19(1)(a) or (b) or section 21, and any application under section 43 in respect of a file contained in a personal information bank designated as an exempt bank under section 18 to contain files all of which consist predominantly of personal information described in section 21, shall be heard and determined by the Associate Chief Justice of the Federal Court or by such other judge of the Court as the Associate Chief Justice may designate to hear such applications.
(2) An application referred to in subsection (1) or an appeal brought in respect of such application shall
(a) be heard in camera; and
(b) on the request of the head of the government institution concerned, be heard and determined in the National Capital Region described in the schedule to the National Capital Act.
(3) During the hearing of an application referred to in subsection (1) or an appeal brought in respect of such applica tion, the head of the government institution concerned shall, on the request of the head of the institution, be given the opportu nity to make representations ex parte.
The above delineated critical path of documents, exhibits and statutory provisions led to the hearing of this application in Ottawa on Wednesday, April 13, 1988, a special date fixed by the Associate Chief Justice. Pursuant to paragraph 51(2)(a) of the Privacy Act, the Court directed that the pro ceedings be, and they were, heard in camera, the only persons being present before the Court were the applicant, the respondent's counsel, an instructing representative of the respondent who was also the deponent of one of the affidavits filed on behalf of the respondent, the Court's registrar and the usher who ensured that proceedings were indeed in camera.
At the beginning of the hearing, counsel for the respondent moved for a protection order whose effect would be to keep out of the public domain any and all documents to be produced by the respondent in the ex parte portion of these pro-
ceedings. The applicant had already received a copy of that notice of motion, appreciated its importance and did not object to the making of such a protection order. The grounds asserted by the respondent are, among others, subsections 46(1), 51(2) and (3) of the Act. Accordingly the protection order was granted and a form of order was signed forthwith, and is in effect.
Because of the onus imposed on the respondent by section 47 of the Act, the respondent's counsel commenced, with the aim of discharging that burden, at least in a prima facie way. She read, and made submissions of fact and law, from the text of the filed affidavit of a CSIS member of some 30 years experience in policing and security work. He attended professional courses and has attained the rank of Director General. That affida vit, which is in general terms evincing the depo- nent's accepted expertise in this realm, is not subject to the protective order. The applicant did not take the opportunity to cross-examine the deponent, although advised of that right in time to have exercised it. The applicant gives as his reason for declining to cross-examine the deponent that he could not afford to do so and that CSIS declined to bear the expense entailed therein.
The pertinent passages of this affidavit are these:
5. The Canadian Parliament has given a legislative mandate to CSIS which requires it to collect, by investigation or otherwise, to the extent that it is strictly necessary, and analyse and retain information and intelligence respecting activities that may on reasonable grounds be suspected of constituting threats to the security of Canada as defined in s. 2 of the Canadian Security Intelligence Service Act, S.C. 1984, c. 21, and to report to and advise the Government in relations thereto.
6. In order to satisfy this legislative mandate, it is essential that CSIS collect and retain such information. It is also essential that it have reliable information about groups and individuals who are engaged in activities, or who are in contact with groups and individuals who are engaged in activities which constitute a threat to the security of Canada.
7. In accordance with section 10 of the Privacy Act, the Solicitor General of Canada has caused to be established personal information banks SIS/P-PU-010; SIS/P-PU-015, and SIS/P-PU-005, being personal information banks under the control of the Canadian Security Intelligence Service.
8. Personal information bank SIS/P-PU-0I0 is described in the 1986 Personal Information Index published in accordance with section 11 of the Privacy Act as follows:
"This bank contains information on individuals whose activi ties may, on reasonable grounds, be suspected of directly relating to espionage or sabotage that is against or is detri mental to the interests of Canada; or, activities directed toward or in support of such activity; foreign influenced activities within or relating to Canada that are detrimental to the interests of Canada, and are clandestine or deceptive, or involve a threat to any person; activities within or relating to Canada directed toward or in support of the threat or use of acts of serious violence against persons or property for the purpose of achieving a political objective within Canada or a foreign state; and, activities directed toward undermining by covert unlawful acts, or directed toward or intended ulti mately to lead to the destruction or overthrow by violence of the constitutionally established system of government in Canada. This bank may also contain personal information that, in relation to the defence of Canada or to the conduct of the international affairs of Canada, pertains to the capabili ties, intentions, or activities of any foreign state or group of foreign states; of any person other than a Canadian citizen or permanent resident; or, any corporation except one incorpo rated pursuant to the laws of Canada or of any province. Information is also held in respect to CSIS providing advice relating to the Citizenship or Immigration Acts."
[Paragraphs 9 and 10 describe, also at length, information banks SIS/P-PU-015 and SIS/P-PU-005 in their detailed respective terms.]
13. ... [T]he Applicant was also advised that his request for access to Canadian Security Intelligence Service Records Bank SIS/P-PU-0I0 could not be complied with. This letter also declined to indicate whether any personal information about him was contained in that bank, pursuant to section 16 of the Privacy Act. If such information exists, it would be exempted, in whole or in part, under sections 19, 21, 22 and 26 of the Privacy Act. I understand that it is this refusal which the Applicant is seeking to have reviewed.
14. Based on my experience in intelligence work, I am of the opinion and do verily believe that the disclosure of whether or not such personal information exists could reasonably be expected to be injurious to the efforts of Canada towards detecting, preventing or suppressing subversive or hostile activi ties, for the reasons hereinafter set out.
15. Information retained by CSIS in this information bank is information which has come from various sources including informants, investigations, the governments of foreign states and their security agencies. It relates to targets considered by CSIS to be current threats to the security of Canada. This information is given and retained with the condition that it be protected from disclosure. The relationship which develops between CSIS and other informants or agencies would be
destroyed if they lose confidence in the ability of CSIS to protect their information. In addition, the confidence and use of informants would be damaged if information they provided was disclosed.
16. It is absolutely essential that a security service be in a position to conduct its investigations in secret. It cannot operate effectively if the targets of its investigation are able to ascertain what is already known about them, the methods of operations being used against them, the extent of coverage they are being afforded and the sources that are reporting on their activities.
17. If targets of investigation had such knowledge, they would be able to take specific precautions and counter measures against future surveillance, and they would be in a position to introduce false or misleading information into the investigative process. As a result, the scope and reliability of information available would be severely affected.
18. While targets of investigation may suspect that CSIS has them under investigation, they cannot take effective counter measures if they do not know that an investigation is being conducted, how much is known about them, or what conclu sions have been drawn.
19. Similarly, even though an individual may actually know that he has been a target, or that he has given information to CSIS, he does not know whether information has been retained by CSIS or is of interest to it.
20. The disclosure of advice as to the existence or non existence of information could negate not only years of intensive and costly investigation, but could expose and jeopardize delicate human and technical sources and related investigations, and jeopardize relations with foreign intelligence agencies. On the other hand, to be told that no personal information is held would reassure that individual that his activities, if any, have not been exposed.
21. Disclosure of whether a record exists on a particular individual or group can cause injury by confirming the fact that the individual or group was or is a target of investigation. Unless CSIS consistently refused to confirm whether or not information exists, it would be a simple exercise through a series of Privacy Act requests, to determine whether or not information exists by looking for a pattern to the responses.
22. The disclosure of this information through a series of Privacy Act requests is a concern in relation to CSIS's mandate to investigate threats to the security of Canada, particularly when a group is being investigated.
23. More simplistically, if one were to make a series of requests for information about real and fictitious people, or people whom one knows for a fact would not have been under surveil lance, a pattern might very well soon emerge whereby a refusal to confirm the existence of information would automatically mean that there is information contained in the personal infor mation bank.
24. If CSIS were to confirm the existence or non existence of personal information concerning a particular person, this would
assist others who may be associated with that person. Such persons could, individually and collectively, accumulate similar knowledge about other persons and use that knowledge to piece together a broader picture of the degree of surveillance afford ed for a particular target. In the intelligence community, this is known as the "Mosaic Effect".
25. For the reasons which I have outlined above, I believe that the release of a statement which indicates the existence or non existence of personal information would be injurious to the efforts of Canada toward detecting, preventing or suppressing subversive or hostile activities by impairing CSIS's investigative abilities.
26. I give this affidavit in respect to an application by Jamshid Zanganeh under the provisions of The Privacy Act and for no improper purpose.
The applicant has exhibited copies of three cer tificates of copyright registration, numbers 319424 dated October 7, 1982, 345903 dated September 3, 1985 and 358837 dated March 16, 1987, regarding certain of his literary works of an apparently intellectual and philosophical nature. He described them more fully at the in camera portion of the hearing. They are so registered, as the applicant contends, and are not secret. Some of his writings are in English and some in his native language. The applicant also contends that since he has been in Canada his political activities have always been peaceful and he has never advocated violence nor any illegality to resolve political issues, either here or abroad. In any event he avers that he honours Canada and its system of government. The appli cant said more, but in order to respect and protect him and his interests he, like the respondent, ought to have the benefit of the extraordinary nature of these proceedings.
Concerning the supplementary affidavit, or affidavits, if any, which the Court will perhaps permit to be presented during the ex parte portion of these proceedings, the applicant rightly asserts that he has no right to see that evidence, if any, and therefore cannot discuss or challenge that of which he is kept in ignorance and that such pro ceedings represent an advantage for the respon dent but a disadvantage for the applicant. From that viewpoint, these proceedings can be character ized as unfair in terms of paragraph 2(e) of the Canadian Bill of Rights, R.S.C. 1970, Appendix III, that is, if these proceedings can be considered
to be "for the determination of his rights and obligations".
Further among the matters which the applicant asks the Court to take into consideration in regard to his position herein, are the provisions of sections 2, 7 and 15 of the Canadian Charter of Rights and Freedoms [being Part I of the Constitution Act 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.)].
The first step in considering the applicant's con tentions is to examine the nature and purpose of these proceedings. Section 41 of the Privacy Act permits the applicant to "apply to the Court for a review of the matter" which is to "be heard and determined in a summary way" subject to any special rules of the Court pursuant to section 46 of the Federal Court Act, R.S.C. 1970 (2nd Supp.), c. 10. The extent of access granted to the Court under section 45 of "examine any information ... under the control of a government institution, other than a confidence of the Queen's Privy Council for Canada ... " "[n]otwithstanding any other Act of Parliament or any privilege under the law of evidence" is vast; "and no information that the Court may examine under this section may be withheld from the Court on any grounds". The ex parte representations and in camera hearing are provided where (as here) the Court is proceeding under section 41, by subsection 46(1) "to avoid the disclosure" of
46. (1) ...
(b) any information as to whether personal information exists where the head of a government institution, in refusing to disclose the personal information under this Act, does not indicate whether it exists. [Emphasis not in original text.]
Be it remembered that in exhibit "B" to the applicant's affidavit, the letter sent on behalf of the head of CSIS, indicated that access to bank SIS/P-PU-010 could "not be granted because any personal information, if it existed in this bank", could be exempted from disclosure. Here Parlia ment exacts compliance with paragraph 46(1)(b) above recited.
In light of six years of rhetoric and jurispru dence about the Charter, some Canadians may shudder to realize that the security needs of a free and democratic society are, in a few basic essen tials, much the same as those which totalitarian societies arrogate unto themselves. Utter secrecy, subject to certain checks, in security intelligence matters is one. That necessary degree of secrecy is so much more fissiparous in freedom and democra cy than it is under the stifling oppression of a totalitarian régime, and it is therefore objectively justifiable in terms of paragraph 46(1)(b) of the Privacy Act. What no doubt distinguishes this free and democratic society from those which are less or not at all so, are the right to apply for, and obtain the results of, the Privacy Commissioner's investigation, and the right to apply to this Court for a review.
As is explained lucidly in the earlier recited paragraphs 14 to 24 of the affidavit filed here in support of the respondent's posture, the very acknowledgment of the existence of any informa tion in the bank, whether or not such information exists, can—and certainly would—compromise the security of Canada by providing a referential insight, a chink in the armour of secrecy which the Canadian service must maintain no less than those of the U.K., the U.S.A., the U.S.S.R., France, India, Israel and Iran to name a randomly mixed bag of societies. In effect, it is quite clear that the reciprocal criteria of trust and mistrust in vogue abroad, must be accommodated and observed by CSIS and the Court within Canada, without exception for allegedly minor matters.
The Court, having received and reviewed the respondent's ex parte representations, finds that the respondent has conducted itself vis-à-vis the applicant in a scrupulously lawful manner. Were it not so, the Court would exact an appropriate remedy for the applicant pursuant to the general law or the Charter whichever might be applicable. When, however, as here, the respondent's conduct is lawfully in conformity with the Privacy Act and with its own statute, the tight secrecy of its infor mation, if any, including the secrecy of whether it
even has any information is justified not only under that ordinary legislation but, more impor tantly, justified under section 1 of the Charter. This is an important and apparently newly articulated principle in relation to the interpreta tion of the Privacy Act. That being so, the respondent shall pay to the applicant, pursuant to subsection 52(2) of the Act, all of the applicant's disbursements and expenses of and incidental to this application, after the applicant has submitted them to be taxed. This is commanded by subsec tion 52(2) of the Act. Disbursements and expenses only are awarded because the applicant was not represented herein by any solicitor or counsel and, of course, cannot be awarded lawyers' fees for himself.
In his oral presentation, the applicant asserted that CSIS should not be free to gather and retain information about someone, himself, and hide behind statutes. Of course, if the respondent had no paragraph 46(1)(b) of the Privacy Act to invoke, the other provisions of that Act could operate so as to compromise its activities and the respondent would at once become a pariah among other such agencies in the world, including the world of other free and democratic societies. The demonstrably justifiable imperative of paragraph 46(1)(b) is that the respondent is simply not obliged to reveal whether or not it has any person al information about the applicant. In this regard, the applicant most assuredly cannot complain that he is singularized in any pejorative or other manner whatsoever. He is as free as anyone else to live his life in this free and democratic society, without any official importunity. That freedom is most assuredly not sacrificed to the respondent's invocation of paragraph 46(1)(b).
It may be difficult to describe correctly the disposition of the applicant's motion. Whether he still may have access to a review by the Security Intelligence Review Committee established under the Canadian Security Intelligence Service Act, S.C. 1984, c. 21, is not a matter to be decided here, but he certainly has succeeded in precipitat ing and personally participating in the curial review provided under section 41 of the Privacy
Act. This is literally exactly what he sought in his notice of motion filed. However, in paragraph 6 of his supporting affidavit, the applicant asks the Court "to review my complaint regarding a refusal by Canadian Security Intelligence Service to allow access to certain records requested on June 24, 1987." [Emphasis not in applicant's text.] Because the Court concludes, according to the will of Par liament, and in accord with the Charter, not only that the applicant will not be permitted access to any such records, but also that the applicant will not be permitted to know whether there even be such records, it appears that the application is to be dismissed. So, it is dismissed, with costs in the applicant's favour pursuant, as above related, to subsection 52(2) of the Privacy Act.
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