As recently reported by the Canadian Bar Association, the Air India Inquiry final report, released on June 17, made a number of recommendations that were consistent with proposals made by the CBA in its intervention at the Inquiry. The report singled out the CBA’s submissions on the relationship between intelligence and evidence and the challenges of terrorism prosecution. As recommended by the CBA, the Inquiry said that CSIS should conform to the requirements of laws relating to evidence and disclosure when conducting its counterterrorism investigations to facilitate the use of intelligence in the criminal justice process. The Inquiry also followed the CBA’s suggestion that special advocates be used in proceedings under s.38.01 of the Canada Evidence Act, in which the Attorney General of Canada is able to make applications to keep evidence secret in civil and criminal proceedings, to protect the interests of the individuals involved. Lorne Waldman and Greg DelBigio act as co-counsel for the CBA intervention on a pro bono basis.
Read the full report: Air India Report.