Key Facts
- Information Request: Kathryn Chin requested her personal information from the Canadian Security Intelligence Service (CSIS) in March 2021.
- CSIS Response: CSIS denied confirming or denying the existence of Chin's information, citing exemptions under the Privacy Act.
- Federal Court Review: Chin's complaint was dismissed by the Privacy Commissioner and the Federal Court upheld CSIS's decision.
Appeal and Decision
- Grounds for Appeal: Chin challenged the Federal Court's decision.
- New Evidence Motion: She sought to introduce new evidence claiming CSIS's search was inadequate.
- Procedural Fairness & Charter Rights: Chin alleged violations of procedural fairness and her Charter rights.
Court's Findings
- New Evidence: The motion for new evidence was dismissed as irrelevant.
- Standard of Review: The court confirmed the reasonableness of CSIS's decision.
- Procedural Fairness: The lack of an in-camera hearing was deemed appropriate under the Privacy Act.
- Charter Challenge: The court dismissed the Charter challenge due to insufficient evidence of harm.
- Appeal Outcome: The appeal and motion for new evidence were dismissed without costs.
Conclusion
The Federal Court of Appeal upheld the Federal Court's decision, validating CSIS's exemption under the Privacy Act and the handling of procedural and Charter issues.