National Security

National security matters do not look like ordinary criminal files. Much of the relevant material is classified, disclosure is contested under the Canada Evidence Act, the Attorney General of Canada is frequently a party, and proceedings can move between the Ontario courts and the Federal Court.

The work covers terrorism-related charges under the Criminal Code, peace bonds sought on national security grounds, no-fly and Secure Air Travel Act listings, security clearance denials and revocations, and the consequences that follow contact with a security service — including at the border, in immigration processing, and in employment.

These files are constitutional at their core. They engage sections 7, 8 and 9 of the Charter, and they routinely require argument about what an accused is entitled to see in order to answer a case built on material they are not permitted to read.

Mohamed El Rashidy was the first lawyer in Canada to launch a constitutional challenge to Bill C-51 in R. v. F.A., and has appeared in the Federal Court and the Federal Court of Appeal. If you have been approached by a security service, you are entitled to counsel before you answer any question.