Canada (Attorney General) v. Macdonald, 2024 FC 1388

Date: 20240904

Docket: DES-5-23

Citation: 2024 FC 1388

Ottawa, Ontario, September 4, 2024

PRESENT: The Honourable Mr. Justice Fothergill

ORDER

UPON the Application of the Attorney General of Canada [AGC] pursuant to s 38.04(1) of the Canada Evidence Act, RSC 1985, c C-5 [CEA] for an Order confirming the prohibition of disclosure of information contained in documents referred to in a notice given by counsel for the Public Prosecution Service of Canada [PPSC] to the AGC pursuant to s 38.01(1) of the CEA;

AND CONSIDERING that:

• (a)on July 4, 2023, Mr. Macdonald was charged with offences pursuant to ss 83.18, 83.19 and 83.02 of the Criminal Code, RSC, 1985, c C-46 (Ontario Court of Justice Court File No 4011 998 23 1140453500);

• (b)on September 14, 2023, counsel for the PPSC provided notice to the AGC pursuant to s 38.01(1) of the CEA that sensitive or potentially injurious information may be disclosed in connection with the criminal proceeding against Mr. Macdonald; and

• (c)on March 18, 2024, the Court appointed Mr. Harout Haladjian as amicus curiae in this Application;

AND CONSIDERING the Court’s previous Order in this matter issued on May 15, 2024, and the reasons provided therefor;

AND UPON reading the materials filed, including classified correspondence from counsel for the AGC and the amicus curiae submitting a joint proposal regarding the disposition of this Application in respect of four additional documents that contain information the AGC wishes to protect against disclosure;

AND APPLYING the factual and legal considerations expressed in the Court’s previous Order to the four additional documents;

THIS COURT ORDERS that:

1. The attached table summarizing the information in issue shall be disclosed pursuant to s 38.06(2) of the CEA for use in the underlying criminal proceeding.

2. In all other respects, the application of the AGC pursuant to s 38.04 of the CEA to prohibit the disclosure of information is granted, and the prohibition of disclosure is confirmed pursuant to s 38.06(3) of the CEA.

“Simon Fothergill”

ATTACHMENT