relation to the explosion of Air India Flight 182 and the intended explosion
of Air India Flight 301 attend a judicial investigative hearing for examination
pursuant to the aforementioned provision.
The application was granted and a number of terms and conditions
were set to govern the conduct of the Judicial investigative hearing, among
others, the hearing was to be conducted in camera with the notice of hearing
given to the accused in the Air India trial, to the press or to the public. As
the counsel for the Named Person applied to challenge the constitutional
validity of s. 83.28, the constitutional challenge and the application to set
aside the order were heard in camera where the judge presiding at the
hearing concluded that the order was validly issued and section 83.28 was
constitutionally sound. However, given the unusual circumstances of this
case, she varied the order to permit the counsel for the accused to attend at
the investigative hearing and examine the "Named Person" under the proviso
that they leave the hearing if information unrelated to the trial was
elicited. They were also prohibited from disclosing any information or
evidence obtained at the hearing to the public or to the accused. Aggrieved,
f
the "Named Person" successfully sought leave of appeal.
On appeal, the Supreme Court of Canada held inter alia that, the
purpose of the Anti-terrorism Act is to prosecute and prevent terrorism
offences and that although terrorism necessarily changes the context in
which the rule of law must operate, it does not call for the abdication of
law. Besides, the Court added that, the challenge regarding balancing of an
effective response to fundamental democratic values respecting the
importance of human life, liberty in the battle against terrorism is well met
Page 16 of 37
اختر الفقرة المستهدفة3
الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات