Ottawa challenges court order to turn over details of spy operation on Chinese embassy

The Canadian Security Intelligence Service was ordered to hand over documents to the defence in the criminal proceeding against Qing Quentin Huang .The federal government is fighting a court order to turn over details about a spying operation on the Chinese embassy in Ottawa, arguing that such a release would jeopardize national security and international relations.

On Aug. 30, Justice Mosley ruled that portions of the CSIS warrant and some supporting documents could be turned over to the defence. The ruling also said some blocked portions of the CSIS warrant materials could be released, but only if prosecutors first brokered an agreement with Mr. Huang’s lawyer. The materials would only be released “upon obtaining an undertaking from counsel for Mr. Huang that he will not disclose the information to Mr. Huang.

Justice Mosley stressed that he has always tried to balance security issues around the CSIS wiretap warrant carefully. “If I considered the information to be non-injurious, I ordered that it be disclosed.” Security agencies around the world often target foreign diplomats to root out potential spy rings or influence campaigns. Surveillance of embassies can be commonplace, but it is rare for any state to admit this or disclose documents about it.

When the Supreme Court refused to hear a further appeal in March, the government launched two new motions to block disclosures. These are what prompted Justice Mosley’s follow-up ruling in August, as well as the government’s latest challenge.

More judicial overreach.

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