Feds can’t retroactively protect CSIS sources in torture lawsuit, says judge
A law protecting the identities of CSIS sources can’t be applied retroactively to the case of three men suing the federal government over their detention and torture in Syria and Egypt, the Federal Court has ruled.
As part of an ongoing lawsuit seeking compensation for what they argue was a breach of their Charter rights and complicity by Canadian officials in their torture, three Canadian citizens — Abdullah Almalki, Ahmad El Maati and Muayyed Nureddin — have asked for the release of redacted information on their case to the court, including the identities of CSIS employees and sources involved. The three were sent to Syria — El Maati was later sent to Egypt — and were interrogated and tortured between 2001 and 2003, along with fellow Canadian Maher Arar, who received $10 million in compensation from the government. Not one of them was ever charged with terror offences and Almalki is seeking $100 million in damages.
The three men are challenging government efforts to avoid disclosing the identities of CSIS employees and sources who may have been involved, citing national security. After Bill C-44 became law on April 23, 2015, the attorney general argued that its protection should be extended retroactively to the current case.
C-44 prevents courts from compelling the release of information that could disclose the identity of CSIS human sources. Prior to the bill coming into force, decisions on the release of such information were made case-by-case based on whether they met the threshold for disclosure under a standard known as the Ribic test.
In a new ruling, Federal Court judge Richard Mosley said that the additional protections under C-44 would not apply to this case and that the Ribic test would remain the standard for disclosure in this case.
http://ipolitics.ca/2015/11/25/feds-cant-retroactively-protect-csis-sources-in-torture-lawsuit-says-judge/
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