With regard to the withholding of information by the government under section 38 of the Evidence Act for reasons of national security: (a) what criteria or guidelines are used to determine whether a piece of information would have an impact on national security; (b) how does the government define “impact on national security”; (c) who in the government is responsible for determining which pieces of information will be subject to section 38; (d) do the Ministers of Justice, National Defence or Foreign Affairs or the Prime Minister or their offices have an input on what information will be withheld on national security grounds; (e) what role does the Department of Justice play in redacting or suppressing information under Section 38 of the Evidence Act; (f) what role does the Privy Council Office play in reviewing or further redacting information that could have an impact on national security; (g) what role does the Prime Minister’s Office play in the decision to withhold information on national security grounds; and (h) what role does the Prime Minister’s Office play in reviewing or further redacting information judged to be a risk to national security?
In the House of Commons on December 7th, 2009. See this statement in context.