by the statute through a broad and purposive interpretation of
section 83.28 (12) which suggest for a more fulsome participation
by counsel during interview. It was also expounded that: "...the purposive approach is supported by the wide ambit given to the
judiciary under ss. 83.28(5)(£>) and 83.28(7) to set or vary the terms
and conditions of an order the power enabling the judge to respond
flexibly to the specific circumstances of each application and ensures
that constitutional and common law rights and values are respected...
a broad and purposive interpretation of section 83.28 is consistent with
the judiciary's role of protecting the integrity of the investigation and
the interests of the named person that accords with the presumption of
constitutionality and resolves ambiguities".
In another case of Bank Mellat v HM Treasury (No 2) [2013] UKSC
39; [2014] AC 700, 770-771, the Supreme Court (Lord Jonathan Sumption,
as
he
then
was)
formulated
four
questions
for
determining
the
constitutionality of section 83.28 of the Canadian Criminal Statute in purview
of proportionality principle. The questions were: (i) is the objective
sufficiently important to justify limitation upon a fundamental right? (ii) is
the measure rationally connected to the objective? (iii) could a less intrusive
measure have been adopted? and (iv) has a fair balance been struck
between individual rights and the interests of the community?
As the subject matter concerned border control, the Court resolved in
respect of the first question that, the intervention imposed at the border
was not for border control per se but, rather the prevention and
detection of terrorism adding that, the power of questioning and
ordering for search was rationally connected to the main statutory
objective that merited the safeguard. Concerning questions (iii) and (iv)
the Court noted that, there was a plain rational reason for connecting
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