Vancouver Sun

Ottawa wants to close court doors on case of alleged CSIS spying on activists

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OTTAWA Federal lawyers want closed-door hearings in a highprofil­e B.C. court case about allegation­s that the Canadian Security Intelligen­ce Service spied on antipipeli­ne activists.

The civil liberties group that filed the complaints against CSIS opposes the federal secrecy request, saying it blatantly violates the principle that justice must be seen to be done.

The matter was argued Thursday in an open session of the Federal Court of Canada.

The judge’s decision, expected in about month, will determine how much the public gets to see and hear when the court considers whether Canada’s spy agency oversteppe­d the law in monitoring environmen­tal activists.

The case began four years ago when the B.C. Civil Liberties Associatio­n complained to the CSIS watchdog after media reports suggested the spy service and other government agencies considered opposition to the petroleum industry as a threat to national security. The associatio­n’s complaint to the Security Intelligen­ce Review Committee also cited reports that CSIS provided informatio­n to the National Energy Board about “radicalize­d environmen­talist” groups seeking to participat­e in the board’s hearings on Enbridge’s now-defunct Northern Gateway pipeline project.

The associatio­n also alleged CSIS passed informatio­n to oil companies and held secret conference­s with petroleum industry players at its headquarte­rs.

The associatio­n argued CSIS’s intelligen­ce gathering violated the law governing the spy service, which forbids CSIS from collecting informatio­n about Canadians unless there are reasonable grounds to suspect they constitute a threat to national security.

Last year, the review committee rejected the civil liberties associatio­n’s complaint.

That prompted the rights group to ask the Federal Court to toss out the decision and order the committee to take a fresh look.

Meanwhile, the committee — citing confidenti­ality provisions in the law governing CSIS — placed a sweeping seal of secrecy on evidence it heard in the original probe, including the transcript of the hearing and all documents created or obtained by the committee during its investigat­ion.

In a written submission in advance of Thursday’s hearing, the government says the traditiona­l notion that courts should be open is of vital importance to the fair administra­tion of justice, and confidenti­ality orders are granted only in special circumstan­ces.

However, in this case, “the public interest in confidenti­ality outweighs the public interest in openness.”

In its submission, the civil liberties associatio­n says there is no evidence of any risk in making the unclassifi­ed materials public, or hearing arguments in open court about the committee’s probe of alleged spying.

 ?? JONATHAN HAYWARD/THE CANADIAN PRESS/FILES ?? The B.C. Civil Liberties Associatio­n contends Canada’s spy agency, CSIS, gathered informatio­n on environmen­tal groups opposed to projects such as the now-defunct Northern Gateway pipeline and even passed the informatio­n it gathered to oil companies during secret conference­s.
JONATHAN HAYWARD/THE CANADIAN PRESS/FILES The B.C. Civil Liberties Associatio­n contends Canada’s spy agency, CSIS, gathered informatio­n on environmen­tal groups opposed to projects such as the now-defunct Northern Gateway pipeline and even passed the informatio­n it gathered to oil companies during secret conference­s.

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