Canada Evidence Act — C-5 38.25
Motion — Attorney General of Canada 38.25 (1) The Attorney General of Canada may, at any time and under any circumstances during a federal proceeding, bring a motion to a judge for an order with respect to the disclosure of information about which notice was given under any of subsections 38.21 (1) to (4). Motion — general (2) If, with respect to information about which notice was given under any of subsections 38.21 (1) to (4), the Attorney General of Canada does not provide notice of a decision in accordance with subsection 38.23 (2) or, other than by an agreement under section 38.24 , does not authorize the disclosure of the information or authorizes the disclosure of only part of the information or authorizes the disclosure subject to any conditions, (a) the Attorney General of Canada must bring a motion to a judge for an order with respect to disclosure of the information if a person who gave notice under subsection 38.21 (1) or (2) is a witness; (b) a person, other than a witness, who is required to disclose information in connection with a federal proceeding must bring a motion to a judge for an order with respect to disclosure of the information; and (c) a person who is not required to disclose information in connection with a federal proceeding but who wishes to disclose it or to cause its disclosure may bring a motion to a judge for an order with respect to disclosure of the information. Notice to Attorney General of Canada (3) A person who makes a motion under paragraph (2)(b) or (c) must provide notice of the motion to the Attorney General of Canada. Court records (4) Subject to paragraph (5)(b), a motion under this section is confidential. During the period when a motion is confidential, the Chief Administrator of the Courts Administration Service may, subject to section 38.31 , take any measure that they consider appropriate to protect the confidentiality of the motion and the information to which it relates. Procedure (5) As soon as they are seized of a motion under this section, the judge (a) must hear the representations of the Attorney General of Canada with respect to making the motion public; (b) must, if they decide that the motion should be made public, make an order to that effect; (c) must hear the representations of the Attorney General of Canada concerning the identity of all parties or witnesses whose interests may be affected by either the prohibition of disclosure or the conditions to which disclosure is subject and concerning the persons who should be given notice of any hearing of the matter; (d) must decide whether it is necessary to hold any hearing of the matter; (e) if they decide that a hearing should be held, must (i) determine who should be given notice of the hearing, (ii) order the Attorney General of Canada to notify those persons, and (iii) determine the content and form of the notice; and (f) may, if they consider it appropriate in the circumstances, give any person the opportunity to make representations. Disclosure agreement (6) After the judge is seized of a motion made under paragraph (2)(c) or, in the case of an appeal from an order of the judge made under any of subsections 38.26 (1) to (3) in connection with that motion, before the appeal is disposed of, (a) the Attorney General of Canada and the person who made the motion may enter into an agreement that permits the disclosure of part of the facts referred to in paragraphs 38.22 (1)(b) to (d) or part of the information or disclosure of the facts or information subject to conditions; and (b) if an agreement is entered into, the judge’s consideration of the motion or any hearing or appeal must be terminated. Termination (7) Subject to subsection (6), after the judge is seized of a motion made under this section — or, in the case of an appeal from an order of the judge made under any of subsections 38.26 (1) to (3), before the appeal is disposed of — and if the Attorney General of Canada authorizes the disclosure of all or part o