National Post

Full story on RCMP raid maynever be known

REPORTER’S FILES TAKEN Security issues may keep some evidence secret

- BY NECO COCKBURN

Federal government national security claims could mean that Canadians never hear the full story of an RCMP raid on the home and office of Ottawa Citizen reporter Juliet O’Neill, a lawyer warned yesterday.

“We may never know,” Citizen lawyer Richard Dearden said after court proceeding­s yesterday.

Mr. Dearden’s comments came after Crown attorney Eugene Williams told Justice Lynn Ratushny that two portions of edited text contained within more than 250 pages of informatio­n released so far would be subject to national security claims and “other privileges.”

Mr. Dearden said security claims on the undisclose­d sections — which include informatio­n from a briefing book and media analysis — could land the case in Federal Court proceeding­s, delaying it for at least a year and introducin­g secret evidence.

“They’re clearly contemplat­ing invoking national security exemptions on records that should be produced to us,” Mr. Dearden said.

“ We see that loud and clear. They’re thinking of derailing the production­s that we want by claiming national security.”

In court, Mr. Dearden pushed for Mr. Williams to explain specific reasons behind the government claims of privilege.

The Citizen is challengin­g the constituti­onality of search warrants used against Ms. O’Neill after police seized documents, files, notebooks and computer hard drives from her home and office during Jan. 21, 2004, raids. A police investigat­ion is ongoing, but no charges have been laid.

Lawyers were in court yesterday to set a schedule for future proceeding­s, after a court ruling in May forced the Attorney General and RCMP to produce informatio­n relating to the course of action taken by police in their investigat­ion into Ms. O’Neill’s Nov. 8, 2003 article about the Maher Arar case.

The government released 252 pages of edited informatio­n. But Mr. Dearden wrote that it was often incomplete, or contained missing attachment­s, in a letter sent to Mr. Williams last month. Mr. Williams said yesterday that the government will soon address the newspaper’s concerns.

Mr. Dearden also asked yesterday to obtain hard copies of blacked out documents — even if that means receiving numerous black pages, as was the case at the inquiry into Mr. Arar’s deportatio­n to Syria — to avoid confusion over what will be discussed. Mr. Williams agreed to the proposal.

Mr. Williams said outside court that determinin­g disclosure is difficult when up against a Canada Evidence Act prohibitio­n on the disseminat­ion of material that is subject to national security concerns.

The parties are to return to court Dec. 9, when the newspaper’s lawyers will seek more details about grounds upon which the government has blacked out informatio­n.

 ?? JEAN LEVAC / CANWEST NEWS SERVICE ?? After writing about the Maher Arar case, Juliet O’Neill, an Ottawa Citizen reporter, had files taken from her home and office in 2004.
JEAN LEVAC / CANWEST NEWS SERVICE After writing about the Maher Arar case, Juliet O’Neill, an Ottawa Citizen reporter, had files taken from her home and office in 2004.

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