In a judgment made public late Friday, a Federal Court judge denied a request from Canada’s spy agency to conduct electronic intercepts on 10 suspects outside Canada.The Canadian Security Intelligence Service (CSIS) was permitted to investigate the suspects – nine of whom are Canadian citizens, permanent residents or refugees – inside Canada but the Federal Court judgment denied its request to pursue the suspects through electronic surveillance when they left Canadian shores.
“I find that the court is without the jurisdiction to issue the warrant sought. Accordingly, the application will be dismissed,” Justice Edmond Blanchard wrote in the judgment.
The ruling stated that the Federal Court was not able to authorize the warrants sought for investigative activities to be conducted by agents for CSIS in a country other than Canada.
“I am not persuaded that in the national security context, the practice of intelligence gathering operations in foreign states is recognized as a customary practice in international law,” wrote Justice Blanchard.
CSIS will reportedly not appeal the decision.