Crown loses bid to have security officials testify in lawsuit behind closed doors

The Crown has lost a bid to have several current and former security officials testify behind closed doors in the lawsuit of a Montreal man who was detained in Sudan. 

Federal Court Justice Patrick Gleeson has rejected a motion from government lawyers to exclude the public and media from the courtroom during the officials’ testimony to prevent inadvertent disclosure of sensitive secrets.

The decision comes less than a month before the court hears the case of Abousfian Abdelrazik, who is suing the Canadian government for $27 million over his detention abroad.

In his ruling, Gleeson says the evidence fails to meet the high bar that a party seeking to limit the open court principle must satisfy.

In a second decision, Gleeson granted an order designating four current or former Canadian Security Intelligence Service employees as protected witnesses, allowing them to testify using a pseudonym and to take steps to protect their physical appearance. 

They would swear an oath or affirm with their real names only in the presence of a judicial officer, and be permitted to enter and leave the court building via an alternate entrance.

Abdelrazik, 62, arrived in Canada as a refugee in 1990. He became a Canadian citizen five years later.

He was arrested during a 2003 visit to Sudan to see family. In custody, Abdelrazik was interrogated by CSIS about suspected extremist links. He says he was tortured by Sudanese intelligence officials during two periods of detention.

Abdelrazik denies involvement in terrorism.

Federal lawyers reject suggestions the Crown breached any duty of care owed to Abdelrazik or that any such breach contributed to his alleged false imprisonment, torture and abuse.

This report by The Canadian Press was first published Sept. 25, 2024