Prosecutors have lost an attempt to have several current and former security officials testify behind closed doors in the case of a Montreal man held in Sudan.
Federal Judge Patrick Gleeson denied a motion by government lawyers to keep the public and media out of the courtroom while officials testify to prevent the inadvertent disclosure of classified information.
The ruling came less than a month before the court is due to hear the case of Abu Sufian Abdelrazik, who is suing the Canadian government for $27 million in damages over his overseas detention.
In his ruling, Judge Gleeson wrote that the evidence did not meet the high standard that must be met by a party seeking to limit the principle of open trial.
In the second ruling, Justice Gleeson issued an order designating four current or former employees of the Canadian Security Intelligence Service as protected witnesses, allowing them to testify using pseudonyms and take steps to protect their appearance.
Judges will be sworn in or testified under their real names only before a judicial officer and will be allowed to enter and exit the courtroom through separate entrances.
Abdelrazik, 62, arrived in Canada as a refugee in 1990 and became a Canadian citizen five years later.
He was arrested in 2003 while visiting Sudan to visit family. While in detention, Abdelrazik was interrogated by CSIS about suspected extremist ties, and he says he was tortured by Sudanese intelligence officials on two occasions while in detention.
Abdelrazik denies any involvement in terrorism.
Federal lawyers deny allegations that prosecutors breached their duty of care towards Abdelrazik or that such breaches led to his wrongful imprisonment, torture or ill-treatment.
This report by The Canadian Press was first published Sept. 25, 2024.
