“ Any obligation to disclose is founded, submit the Ministers, on principles of fairness and natural justice as enunciated in administrative law. It is particularly important to balance the competing interests of state security and individual rights.
[14] The Ministers' submissions seem to indicate that there will be no new public evidence. They argue that the scheme of the Act already provides that the reviewing judge will provide as much information as possible while taking into account considerations of national security. ”

“ This means for instance that evidence, which of itself might not be of any particular use in actually identifying the threat, might nevertheless require to be protected if the mere divulging of the fact that C.S.I.S. is in possession of it would alert the targeted organization to the fact that it is in fact subject to electronic surveillance or to a wiretap or to a leak from some human source within the organization. ”

“ AND IN THE MATTER OF ERNST ZÜNDEL
REASONS FOR ORDER AND ORDER
[1] In the context of a hearing on whether the certificate issued by the Solicitor General of Canada and the Minister of Citizenship and Immigration [the "Ministers"] pursuant to subsection 77 (1) of the Immigration and Refugee Protection Act, S.C. 2001, c. 27 [the "Act"] , stating that Ernst Zündel [the "respondent"] is inadmissible to Canada under paragraphs 34 (1) (c) , (d) , (e) and (f) of the Act, is reasonable, the respondent has presented a motion to this Court for disclosure of evidence. ”

“ On the other hand, the detention and certificate hearings are held under section 78 of the Act, which provides somewhat different rules of disclosure, given that part of the evidence is confidential information which the judge, pursuant to ss. 78 (b) and (h) , may choose to keep confidential for reasons of national security or to protect the safety of any person.
[5] It would seem to be in the interest of fairness and justice to allow Mr. Zündel to have access to the public evidence which will be adduced in court. ”