CIPPIC tries to intervene in Overseas Spying Appeal

CIPPIC attempted to intervene at the Federal Court of Appeal on a matter that raises many fundamental issues arising from the ability of Canadian intelligence agencies to make use of the extensive -- and arguably unconstitutional -- practices of foreign intelligence partners such as the U.S. National Security Agency (NSA) and the UK Government Communications HeadQuarters (GCHQ). The proceeding, an appeal of a decision issued by Justice Mosley of the Federal Court last December, has been shrouded in secrecy due to the important national security interests it is examining. This secrecy has made it difficult for CIPPIC to attempt intervention in a timely matter and its request for directions regarding any such intervention arrived too late in the proceeding for the Federal Court of Appeal to address these shortcomings. CIPPIC will continue to monitor this file as it is likely to make its way to the Supreme Court of Canada.

Letter from CIPPIC to Federal Court of Appeal regarding attempts to intervene in a secret proceeding, July 31, 2014, FCA File Number A-145-14