| Citation: |
Canada (Attorney General) v. Almalki, 2010 FC 733, [2010] 3 F.C.R. D-15 |
DES-1-10 |
praCTICE
Confidentiality Orders
Applicant seeking Court’s authorization pursuant to Canada Evidence Act, R.S.C., 1985, c. C-5 (CEA), s. 38.04 for nondisclosure of information subject of discovery proceedings in actions filed in Ontario Superior Court of Justice by respondents— In light of this application, respondents seeking order documents filed by applicant in support of CEA application be treated as confidential—Respondents involved in publicized inquiries, enduring continuing allegations of involvement in terrorism—Order sought to prevent endangering family, associates living outside Canada, privacy violations, misuse of information against respondents—CEA, ss. 38.04(4), 38.12(1) reflecting Parliament’s intent to afford designated judge discretion to adopt confidentiality measures required to safeguard secret information—Privacy interests not legal ground for confidentiality order— Respondents surrendering privacy to judicial process in Superior Court—Public access to proceedings price respondents must pay for ensuring accountability of those engaged in administration of justice—Respondents not establishing real, substantial risk of harm, not specifying what information to be kept confidential—Concerns, evidence insufficient to grant order—Motion adjourned sine die.
Canada (Attorney General) v. Almalki (DES-1-10, 2010 FC 733, Mosley J., order dated July 7, 2010, 15 pp.)