Chapter 5
Overview and summary

What is covered by this review?

5.2Under the terms of reference for the review, the Commission was asked to determine whether a new regime is needed for the protected use of national security information in criminal and civil proceedings. Our review has looked at whether the Crown can withhold or use national security information in both criminal and civil proceedings. Importantly, the review also covers the use of or refusal to disclose national security information in administrative decision-making where there is a determination that affects rights, such as a decision as to whether a citizen’s passport is to be cancelled.

5.3In this Report, we have tried to separate out, at least to some degree, our discussion of national security information in court proceedings from our discussion of administrative decision-making by public authorities that impacts on individual rights, as somewhat different principles apply.

5.4This review is not a general review of administrative decision-making. It is therefore not within our scope to consider whether existing decision-making processes are otherwise fair and balanced or whether there are generally adequate rights of review.