14. Why did the Anti-terrorism Act include an amendment to the Canada Evidence Act creating an Attorney General certificate which would allow the government to protect certain information for national security reasons?
The fight against terrorism depends largely on our ability to gather sensitive intelligence relating to terrorist activities. Protecting the substance and sources of our intelligence is critical. The Attorney General certificate process in the Canada Evidence Act was developed to ensure that very sensitive information, including that received from foreign services, can and will be protected. However, Attorney General certificates are to be used only in the rarest of circumstances. A certificate can only be issued where there has been an order or decision demanding disclosure of sensitive information that could, in the opinion of the Attorney General, compromise Canada’s international relations, national defence or security. This tool has not yet been used. In order to ensure the integrity of this prohibition against disclosing sensitive information under the Canada Evidence Act, it was also necessary to amend other laws under which information could potentially be disclosed. Thus, in t