Digests

Security Intelligence

Judicial review of decision by Security Intelligence Review Committee (SIRC) to stay investigation of complaint made by applicant against Canadian Security Intelligence Service (CSIS) pending outcome of proceedings brought by applicant in Superior Court of Québec—Applicant alleging that CSIS officers involved in breach of applicant’s rights following detention in Morocco for almost two years—Complaint made to SIRC as authorized under of Canadian Security Intelligence Service Act, R.S.C., 1985, c. C-23, s. 41—Issue being whether SIRC had power to stay investigation—Act, s. 39 to be interpreted in broad, liberal manner, clearly providing that SIRC entitled to decide how to conduct its investigations—Entirely consistent with broad powers of administrative tribunals in procedural matters—SIRC therefore authorized to stay investigation of complaint filed by applicant—Issue therefore being whether SIRC erred in exercising discretion—Necessary to review reasons given by SIRC to stay investigation in order to assess reasonableness in light of mandate, powers and more general purpose of Act—SIRC stayed investigation basically to avoid duplicity of proceedings—Unlike Superior Court, SIRC not making judicial decisions, not able to order damages—SIRC authorized only to make recommendations to Minister—Consequently, no risk of contradictory decisions—Not reasonable for SIRC to find risk of contradictory judgments in the event it decided not to stay investigation—Application allowed.

Omary v. Canada (Attorney General) (T-1034-09, 2010 FC 335, de Montigny J., judgment dated March 26, 2010, 17 pp.)