Charities Registration (Security Information) Act

Marginal note:Judicial consideration

• 6 (1) The following provisions govern the determination:

  • (a) any information or evidence the disclosure of which would be injurious to national security shall be returned to the Ministers and shall not be considered by the judge in determining whether the certificate is reasonable if either

    • (i) the judge determines that the information or evidence is not relevant or, if it is relevant, that it should be part of a summary of the information or evidence provided to the applicant or the registered charity, or

    • (ii) the matter is withdrawn;

  • (b) the judge shall provide the applicant or registered charity with an opportunity to be heard; and

  • (c) the judge may receive into evidence anything that, in the opinion of the judge, is reliable and appropriate, even if it is inadmissible in a court of law, and may base the decision on that evidence.

• Marginal note:For greater certainty

  (2) For greater certainty, sections 38.2 to 38.45 of the Canada Evidence Act apply to the determination.