Federal Appeal

Criminal Law



Withheld information was properly withheld in public interest of national security

Accused was charged with hostage-taking, after incident which took place in Somalia involving Canadian journalist. Public prosecution service (PPSC) notified accused that there was sensitive information that could not be disclosed to accused. Accused sought disclosure of material. Accused was only granted access to some material, in summary form. Accused was tried and convicted, after unsuccessfully applying for adjournment of criminal trial. Accused’s sentencing hearing took place. Accused appealed from result of disclosure hearing. Appeal dismissed. Accused was not forced to testify in his own defence. Information withheld was not significant to outcome of trial. Withheld information was properly withheld in public interest of national security. Amicus properly fulfilled role assisting court, not accused. There was no reviewable error.

Ader v. Canada (Attorney General) (2018), 2018 CarswellNat 2720, 2018 FCA 105, David Stratas J.A., Richard Boivin J.A., and Yves de Montigny J.A. (F.C.A.); affirmed (2017), 2017 CarswellNat 5902, 2017 CarswellNat 8335, 2017 FC 838, 2017 CF 838, Patrick Gleeson J. (F.C.).

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