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Regulations Implementing the United Nations Resolutions on Taliban, ISIL (Da’esh) and Al-Qaida

Version of section 5.5 from 2006-06-23 to 2020-05-31:

  •  (1) For the purposes of subsection 5.4(2), in private and in the absence of the applicant or any counsel representing it,

    • (a) the Minister may make an application to the judge for the admission of information obtained in confidence from a government, an institution or an agency of a foreign state, from an international organization of states or from an institution or an agency of an international organization of states; and

    • (b) the judge shall examine the information and provide counsel representing the Minister with a reasonable opportunity to be heard as to whether the information is relevant but should not be disclosed to the applicant or any counsel representing it because the disclosure would injure national security or endanger the safety of any person.

  • (2) The information shall be returned to counsel representing the Minister and shall not be considered by the judge in making the determination under paragraph 5.4(2)(d), if

    • (a) the judge determines that the information is not relevant;

    • (b) the judge determines that the information is relevant but should be summarized in the statement to be provided under paragraph 5.4(2)(b); or

    • (c) the Minister withdraws the application.

  • (3) If the judge determines that the information is relevant but that its disclosure would injure national security or endanger the safety of persons, the information shall not be disclosed in the statement mentioned in paragraph 5.4(2)(b), but the judge may base the determination under paragraph 5.4(2)(d) on it.

  • SOR/2006-164, s. 6
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