Tuesday, November 04, 2014

Government appeal of Mosley decision failed

The government's appeal of Justice Richard Mosley's 2013 decision concerning what are known as 30-08 warrants was rejected on July 31st, which explains the subsequent appearance of Bill C-44.

A redacted version of the appeal court's decision, Redacted Reasons for Judgment by the Court, was released today.

According to Public Safety Minister Steven Blaney ("Minister of Public Safety responds to Federal Court of Appeal's ruling on the Canadian Security Intelligence Service Act," News Release, 4 November 2014), the government believes that the "Federal Court of Appeal decision left uncertain other important questions of law. The Government is seeking leave to appeal these issues to the Supreme Court of Canada."

News Coverage and commentary:

- Jim Bronskill, "Appeal Court upholds ruling that CSIS kept judge in the dark on foreign spying," Canadian Press, 4 November 2014
- Tonda MacCharles, "Tories lost July court ruling on CSIS spying overseas," Toronto Star, 4 November 2014
- David Fraser, "Appeals Court upholds decision that CSIS lawyers lied to the court to obtain warrants to spy on Canadians outside of Canada," Canadian Privacy Law Blog, 5 November 2014

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