On Saturday, I blogged about the stunning decision of Justice Mosley of the Federal Court in IN THE MATTER OF an application by [xxxxx xxxxxx ] for a warrant pursuant to Sections 12 and 21 of the Canadian Security Intelligence Service Act, R.S.C. 1985, c. C-23, 2013 FC 1275 [PDF](See Canadian Privacy Law Blog: Canadian intelligence agencies lied to obtain warrants, Federal Court judge says).
The Court specifically found that agents of the Canadian Security Intelligence Service -- on the advice of and with the concurrence of their Department of Justice lawyers -- misled the Federal Court of Canada in order to obtain a warrant or warrants under the CSIS Act. The Court specifically found -- as a fact -- that this had occurred:
 In my view, as soon as it was determined that the Service would rely on the general power to investigate set out in s 12 of the Act to request second party assistance with the interception of the communications of Canadian subjects abroad, that determination constituted facts known to the affiant which could lead the Court to find that there was no investigative necessity to issue a 30-08 warrant. The failure to disclose that information was the result of a deliberate decision to keep the Court in the dark about the scope and extent of the foreign collection efforts that would flow from the Court’s issuance of a warrant.
 This was a breach of the duty of candour owed by the Service and their legal advisors to the Court. It has led to misstatements in the public record about the scope of the authority granted the Service by the issuance of the 30-08 warrants.
Courts are generally hesitant to go so far as to say that an affiant or a legal advisor lied to the court. That the Court did so in this case highlights how significant and egregious it was. This sort of conduct brings the administration of justice into disrepute and casts a pall over every warrant ever issued by the Court.
The decision names five Department of Justice lawyers who made "appearances" at the hearing of this matter but does not specify on whose specific advice CSIS was acting.
The warrant system only works if CSIS and their lawyers are truthful to the Court. This duty of candour is greatly elevated when they are the only ones appearing before the Court, as there is nothing adversarial to ensure that the truth comes out.
This cannot go unnoticed. This is not a "no harm, no foul" situation. The Government needs to appoint a special prosecutor to investigate how this came to be and the law societies governing those five lawyers should investigate what really appears to be egregious professional misconduct. Only a special prosecutor can do the job, as all five of the lawyers were arguing their case on behalf of the Deputy Attorney General of Canada, the country's top lawyer and prosecutor. Anything less would be sweeping this under the rug.