By Andrew Duffy

OTTAWA, ONTARIO – The already secretive security certificate process is about to add a curious new layer of secrecy.

Later this month, a secret hearing is to be held in Federal Court to determine whether two defence lawyers can act as special advocates in secret hearings on behalf of their clients.

The hearing, which will include the participation of a yet-to-be-named special advocate, comes at the request of government lawyers who told a case-management conference yesterday that lawyers Paul Copeland and John Norris should not be allowed to act as special advocates.

Paul Copeland, right, represents Ottawa’s Mohamed Harkat, left, and wants to be special advocate.
Jean Levac, The Ottawa Citizen

Special advocates were created by the government’s new security certificate law, which seeks to improve on the original one struck down last year by the Supreme Court.

Federal lawyer Donald MacIntosh said the government believes the lawyers would be in a conflict-of-interest position if they take on the new roles.

He suggested the lawyers, if they were to act as special advocates, would be exposed to evidence that could somehow inhibit their ability to “argue fully” on behalf of their clients.

Mr. MacIntosh, however, said he cannot describe the nature of the alleged conflict in more detail because that would require the disclosure of information that could jeopardize national security.

As a result, he asked Chief Justice Allan Lufty to convene a secret hearing, during which the lawyers could be represented by special advocates while the issue is discussed.

Mr. Copeland said he was “distressed” with the government’s decision.

“What they’ve added is a huge layer of complexity: Now they’re going to have a special advocate appointed to see if they can have a special advocate appointed.”

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