The Attorney General of Canada has applied to the Federal Court for an order that would keep information redacted from the production in Equibit's CSIS lawsuit from being disclosed. 

The application is brought under section 38 of the Canada Evidence Act, the national-security disclosure regime. On September 18, 2026, Justice Catherine M. Kane ordered that the amended application be made public, that Equibit Group Ltd., Sergei Sachkov and Kartik Patel be added as respondents, and that the application be served on them.

The descriptions below of what each side alleges are allegations. None of them has been determined by a court.

What the Attorney General Is Asking For

The Amended Notice of Application, dated September 16, 2026 and amended September 18, 2026, is brought under subsection 38.04(1) of the Canada Evidence Act. It seeks an order under subsection 38.06(3) confirming the prohibition of disclosure of information referred to in a notice given to the Attorney General under subsection 38.01(3). According to the application, that notice was received on April 7, 2026, and stated that documents required to be disclosed in CV-20-00645492 may contain sensitive or potentially injurious information.

The application states that the Attorney General, through a delegate, did not authorize disclosure of some of the information redacted in those documents, and that this withheld information is the subject of the application. The grounds pleaded are that disclosure would be injurious to national security and that the public interest in non-disclosure outweighs the public interest in disclosure.

The application also states that:

an ex parte, in camera hearing is necessary (a hearing in private, with the Crown alone before the judge);
a public hearing may be necessary; and
the Attorney General may receive further section 38 notices covering additional documents in the Ontario action, which would become part of the same application.
Justice Kane's order provides that, if further notices are received on additional documents containing sensitive or potentially injurious information, those documents can be added to this application, subject to any further order or direction of the designated judge.

The Crown's own application acknowledges that the production in Equibit's lawsuit contains information the Crown says is sensitive to national security.