Secret Evidence in Canadian Courts

• In Event: From Local to Global: Legal Action in Multiple Jurisdictions

Abstract

Secret evidence is being used with increasing frequency in Canadian courts and tribunals. While the use, or the non-disclosure, of sensitive information protects human sources and the integrity of security-based operations, it requires lawyers and judges to grapple with a host of legal, practical, and ethical/professional challenges In light of recent landmark decisions by the Supreme Court, emergent doctrine within the Federal Court, major legislative amendments, and the expansion of secret evidence in a wide range of fields and adjudicative contexts, research into the nature, internal coherence, and broader applicability of doctrine is warranted. This paper analyzes this doctrine and includes an interview element aimed at analyzing gaps between doctrine and actual practice. This research will be beneficial to the increasing number of criminal justice professionals (i.e. lawyers, judges, members of the intelligence community, etc.) who must adapt their policies and practices to align with Charter principles and the rule of law.

Author

• Graham Hudson, Ryerson University