Marginal note:Hearing of applications

27 An application for a judicial authorization under section 11.13, an application under section 21, 21.1 or 23 for a warrant, an application under section 22 or 22.1 for the renewal of a warrant or an application for an order under section 22.3 shall be heard in private in accordance with regulations made under section 28.

Marginal note:Report — datasets

• 27.1 (1) For the purposes of this section, if the Review Agency is of the view that the querying and exploitation of a dataset under sections 11.11 and 11.2 may not be in compliance with the law, the Review Agency may provide to the Director the relevant portions of a report prepared under section 35 of the National Security and Intelligence Review Agency Act, as well as any other information that the Review Agency believes may assist the Federal Court in making its determination under subsection (4).

• Marginal note:Professional secrecy

  (2) The Review Agency shall take appropriate steps to ensure that the information provided to the Director does not include information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege.

• Marginal note:Filing with Federal Court

  (3) The Director shall, as soon as feasible after receiving this information, cause it to be filed with the Federal Court along with any additional information that the Director believes may be relevant to the determination required to be made under this section.

• Marginal note:Review

  (4) A judge shall review the information filed under subsection (3) and make a determination if the querying or exploitation by the Service complied with the law.

• Marginal note:Measures by Judge

  (5) The judge may, respecting the review and determination that is made under this section,

  • (a) issue a direction;

  • (b) make an order; or

  • (c) take any other measure that the judge considers appropriate in the circumstances.

• Marginal note:Private hearing

  (6) Any hearing held for the purposes of this section shall be held in private in accordance with regulations made under section 28.