Ottawa (Rajeev Sharma): The Canadian government has applied to the Federal Court for permission to withhold certain classified materials in proceedings connected to the killing of Hardeep Singh Nijjar, citing concerns over national security and diplomatic sensitivities.
According to filings reported by Global News, lawyers for the federal Attorney General invoked Section 38 of the Canada Evidence Act to prevent the disclosure of information they argue could be harmful to international relations or security interests if made public during the trial.
The application indicates that, over the past two years, federal authorities received multiple notices flagging material deemed potentially sensitive in relation to the prosecution. The Federal Court must now determine whether that evidence can be restricted, redacted or excluded from open proceedings.
The criminal case remains before the courts in British Columbia, where four accused — Amandeep Singh, Karanpreet Singh, Karan Brar and Kamalpreet Singh — were arrested in 2024. The Royal Canadian Mounted Police has led the investigation into Nijjar’s fatal shooting outside the Guru Nanak Sikh Gurdwara in June 2023. Pretrial hearings are ongoing and are subject to publication restrictions.
The matter continues to strain ties between Ottawa and New Delhi. In September 2023, then–prime minister Justin Trudeau stated that Canadian agencies were examining credible allegations of links between Indian agents and the killing. India has categorically denied involvement and has repeatedly called for what it describes as substantiated and specific evidence.
Legal analysts note that Section 38 applications are typically used in cases involving intelligence sources or foreign partnerships, where open disclosure could compromise operations or alliances. However, such secrecy requests can complicate criminal trials by raising questions about transparency and the accused’s right to fully challenge the evidence.
The Federal Court’s decision on the confidentiality request is expected to shape how much of the underlying intelligence or investigative material becomes accessible in one of Canada’s most diplomatically sensitive criminal cases in recent years.
