Moumdjian v. Canada ( Security Intelligence Review Committee )
A-361-95
Stone J.A.
17/11/97
8 pp.
Appeal from order of judge designated under Canada Evidence Act (CEA), s. 38(1) sustaining objection to disclosure, in application for judicial review, of information placed before Security Intelligence Review Committee during course of investigation by SIRC pursuant to Immigration Act, 1976, s. 39 (threat to security of Canada) to determine whether appellant person described in Act, s. 19(1)(g)-Objection to disclosure of evidence (oral testimony and documents as well as parts of written argument before SIRC of counsel for CSIS) made pursuant to CEA, s. 37(1) on ground would be injurious to national security of Canada-Henrie v. Canada (Security Intelligence Review Committee), [1989] 2 F.C. 229 (T.D.) considered as to proper balancing of competing interests where application for judicial review of SIRC decision brought-Appellant has not established Judge below erred in law in deciding public interest in disclosure not outweighing requirement for confidentiality of documents for national security reasons-Judge below carefully considered case law and disputed information-On appeal, function of Court of Appeal limited to reviewing decision of designated judge for error within Federal Court Act, s. 18.1(4)-Where no error detected, matter ends-Court of Appeal not entitled to examine any of information unless it first concludes designated judge so erred in sustaining objection-Furthermore, Court of Appeal on judicial review application will not have full text of SIRC report as result of Clerk of Privy Council's certificate under CEA, s. 39(1) stating SIRC report confidence of Queen's Privy Council-Canada Evidence Act, R.S.C., 1985, c. C-5, ss. 37(1), 38(1), 39(1)-Federal Court Act, R.S.C., 1985, c. F-7, s. 18.1(4) (as enacted by S.C. 1990, c. 8. s. 5)-Immigration Act, 1976, S.C. 1976-77, c. 52, ss. 19(1)(g), 39.