Canadian Security Intelligence Service Act (R.S.C., 1985, c. C-23)

Marginal note:Purpose of section — human sources

• 18.1 (1) The purpose of this section is to ensure that the identity of human sources is kept confidential in order to protect their life and security and to encourage individuals to provide information to the Service.

• Marginal note:Prohibition on disclosure

  (2) Subject to subsections (3) and (8), no person shall, in a proceeding before a court, person or body with jurisdiction to compel the production of information, disclose the identity of a human source or any information from which the identity of a human source could be inferred.

• Marginal note:Exception — consent

  (3) The identity of a human source or information from which the identity of a human source could be inferred may be disclosed in a proceeding referred to in subsection (2) if the human source and the Director consent to the disclosure of that information.

• Marginal note:Application to judge

  (4) A party to a proceeding referred to in subsection (2), an amicus curiae who is appointed in respect of the proceeding or a person who is appointed to act as a special advocate if the proceeding is under the Immigration and Refugee Protection Act may apply to a judge for one of the following orders if it is relevant to the proceeding:

  • (a) an order declaring that an individual is not a human source or that information is not information from which the identity of a human source could be inferred; or

  • (b) if the proceeding is a prosecution of an offence, an order declaring that the disclosure of the identity of a human source or information from which the identity of a human source could be inferred is essential to establish the accused’s innocence and that it may be disclosed in the proceeding.

• Marginal note:Contents and service of application

  (5) The application and the applicant’s affidavit deposing to the facts relied on in support of the application shall be filed in the Registry of the Federal Court. The applicant shall, without delay after the application and affidavit are filed, serve a copy of them on the Attorney General of Canada.

• Marginal note:Attorney General of Canada

  (6) Once served, the Attorney General of Canada is deemed to be a party to the application.

• Marginal note:Hearing

  (7) The hearing of the application shall be held in private and in the absence of the applicant and their counsel, unless the judge orders otherwise.

• Marginal note:Order — disclosure to establish innocence

  (8) If the judge grants an application made under paragraph (4)(b), the judge may order the disclosure that the judge considers appropriate subject to any conditions that the judge specifies.

• Marginal note:Effective date of order

  (9) If the judge grants an application made under subsection (4), any order made by the judge does not take effect until the time provided to appeal the order has expired or, if the order is appealed and is confirmed, until either the time provided to appeal the judgement confirming the order has expired or all rights of appeal have been exhausted.

• Marginal note:Confidentiality

  (10) The judge shall ensure the confidentiality of the following:

  • (a) the identity of any human source and any information from which the identity of a human source could be inferred; and

  • (b) information and other evidence provided in respect of the application if, in the judge’s opinion, its disclosure would be injurious to national security or endanger the safety of any person.

• Marginal note:Confidentiality on appeal

  (11) In the case of an appeal, subsection (10) applies, with any necessary modifications, to the court to which the appeal is taken.