By The Wire Staff
New Delhi: As the high-stakes trial of four Indian nationals accused in the transnational killing of Sikh separatist leader Hardeep Singh Nijjar approaches, the Canadian government has moved to keep a significant portion of its evidence under wraps. In a legal manoeuvre that highlights the fragile state of bilateral relations with India, Canada’s Department of Justice has filed an application with the Federal Court to prevent the disclosure of “sensitive” national security information.
According to a report by Global News, federal lawyers representing the Attorney General of Canada are seeking to withhold specific evidence, arguing that its public release, or even its disclosure to the defence, would be “injurious to international relations and national security.” This application, filed under Section 38 of the Canada Evidence Act on 24 December 2025, underscores the complex web of intelligence-sharing among various countries that underpins the case.
It is not unusual for federal lawyers in Canada to ask a judge to allow them to refrain from disclosing national security information in trials. Often, it occurs when the information in question was provided by a foreign agency on the condition that it cannot be used in a court.
Experts in Canada, as per the report, suggest that the information being protected likely stems from Five Eyes intelligence.
Previous disclosures indicated that the initial tip linking Indian officials to the plot came from the United Kingdom’s GCHQ, later corroborated by Canadian wiretaps. The FBI’s investigation into a parallel murder-for-hire plot in the U.S., which recently saw Indian national Nikhil Gupta plead guilty in a New York court to conspiring with an Indian official, also intercepted communications that referenced potential targets on Canadian soil, further linking the two North American cases.
Under the principle of national security privilege, the Canadian government can argue that revealing the means and methods of how this intelligence was gathered, or the identities of undercover assets, would compromise its standing with international allies. A judge has to confirm the privilege on the government’s request.
Under Canadian law, while the government can withhold sensitive data, a judge must ensure that the ‘innocence at stake’ principle is maintained. It means that such information can’t be used against an accused and anything that could point to the innocence of a defendant must be disclosed.
This story was originally published in thewire.in. Read the full story here.
