Evidence
Application for Disclosure—Supreme Court of Canada, in Canada (Justice) v. Khadr, 2008 SCC 28, directing named government departments to produce to Federal Court Judge unredacted copies of all documents, records, other materials in their possession relevant to charges applicant currently facing at Guantánamo Bay—Such Judge directed to consider any privilege, public interest immunity claimed, including any claim under Canada Evidence Act, R.S.C., 1985, c. C-5, ss. 38 et seq., and make order in accordance with S.C.C.’s reasons for judgment—Court’s jurisdiction herein limited to that authorized by S.C.C., not flowing directly from statutory scheme under Act—Object of S.C.C. order to provide Charter remedy to applicant for breach of Canada’s international human rights obligations, providing for disclosure of information obtained by Canada, shared with U.S. authorities, for purpose of defence to criminal charges—S.C.C. direction interpreted in light of open court principle, tests set out in Dagenais v. Canadian Broadcasting Corp., [1994] 3 S.C.R. 835 and R. v. Mentuck, [2001] 3 S.C.R. 442—Private order issued specifying information to be disclosed, terms and conditions deemed necessary.
Khadr v. Canada (Attorney General) (DES-1-08, 2008 FC 807, Mosley J., order dated June 25, 2008, 35 pp.)