The Court amended their original decision (Gordon v Canada [2007] F.C.J. No. 358, 2007 FC 253, 328 F.T.R. 23, 2007 D.T.C. 5180, 156 A.C.W.S. (3d) 504)  to include that the Department of Justice can access the files of the Canada Revenue Agency, the Public Prosecution Service of Canada and its agents for the purpose of identifying the affected taxpayers so they may receive notice that their information will be released and used in litigation.

Full decision: Gordon v Canada [2008] F.C.J. No. 1264, 2008 FC 1031, 2009 D.T.C. 5008, [2009] 1 C.T.C. 205