Communications Security Establishment Act — C-35.3 55
Prohibition on disclosure 55 (1) It is prohibited, in a proceeding before a court, person or body with jurisdiction to compel the production of information, to disclose the identity of a person or entity that has assisted or is assisting the Establishment on a confidential basis, or any information from which the identity of such a person or entity could be inferred. Exceptions (2) Subsection (1) does not apply when (a) the information or identity is disclosed by the person or entity to their solicitor or, in Quebec, advocate in connection with a proceeding, if the information is relevant to that proceeding; (b) the information or identity is disclosed to enable the Attorney General of Canada, a judge or a court hearing an appeal from, or a review of, an order of the judge to discharge their responsibilities under this section; or (c) the information or identity is disclosed to the Commissioner or to the Review Agency. Exception — consent (3) The identity of a person or entity that has assisted or is assisting the Establishment on a confidential basis, or any information from which the identity of such a person or entity could be inferred, may be disclosed in a proceeding referred to in subsection (1) if the person or entity and the Chief consent to the disclosure. Application of other Acts (4) Sections 38 to 38.16 of the Canada Evidence Act , or sections 83 and 87 of the Immigration and Refugee Protection Act , as the case may be, apply to a proceeding referred to in subsection (1), with any necessary modifications. Confidentiality — information (5) The judge must ensure the confidentiality of the following: (a) the identity of any person or entity that has assisted or is assisting the Establishment on a confidential basis, and any information from which the identity of such a person or entity could be inferred; and (b) information and other evidence provided in respect of an application under any provision referred to in subsection (4) if, in the judge’s opinion, its disclosure would be injurious to international relations, national defence or national security or would endanger the safety of any person. Confidentiality — application (6) If, in the judge’s opinion, the disclosure of the fact that an application under any provision referred to in subsection (4) would result in the disclosure of an identity or information referred to in paragraph (5)(a), the judge must ensure the confidentiality of the application and all information related to it. Order authorizing disclosure (7) The judge may, by order, authorize disclosure that the judge considers appropriate, subject to any conditions that the judge specifies, of the identity or information referred to in subsection (1) if, in the judge’s opinion, (a) the person or entity is not a person or entity that has assisted or is assisting the Establishment on a confidential basis, or the information is not information from which the identity of such a person or entity could be inferred; or (b) in the case of a proceeding that is a prosecution of an offence, the disclosure of the identity of a person or entity that has assisted or is assisting the Establishment on a confidential basis, or information from which the identity of such a person or entity could be inferred, is essential to establish the accused’s innocence and may be disclosed in the proceeding. Order confirming prohibition (8) If the judge does not authorize disclosure under paragraph (7)(a) or (b), the judge must, by order, confirm the prohibition of disclosure. When determination takes effect (9) An order of the judge that authorizes disclosure does not take effect until the time provided or granted to appeal the order has expired or, if the order is appealed, the time provided or granted to appeal a judgment of an appeal court that confirms the order has expired and no further appeal from a judgment that confirms the order is available. Confidentiality on appeal (10) In the case of an appeal, subsections (5) and (6)