questioning and search aiming at prevention and detection of
terrorism with border controls.
Nonetheless, the Court stressed the value of the questioning and
search power at the port of entry/exit being valuable intelligence
gathering tool that would be lost with a system based on suspicion
on reasonable grounds. The Court found the port questioning and search
powers under the section 83.28 of the Canadian Criminal Statute in respect
of information and investigative hearing predicated by a number of
procedural requirements with regard to a variety of offences of terrorism
were in line with section 7 of Canadian Charter of Rights and Freedoms.
Section 7 of the Charter provides: "Everyone has the right to life, liberty and security of the person and
the right not to be deprived thereof except in accordance with the
principles of fundamental justice in as far as it represents a fair balance
between the rights of the individual and the interests of the
community/jemphasis supplied]
The Court further found the principle of legality was well met
through the adequate safeguards protecting individual rights from
the risk of arbitrary misuse of power.
With regard to Constitutional law specifically on the aspect of
investigation of terrorism offences, the Court considered the issue whether
the Criminal Code provision on gathering of information and investigative
hearing infringed principles of judicial independence and impartiality where
in its majority decision it found such procedures did not infringe
the principles of judicial independence and impartiality enshrined
in the Charter. That is because, the guaranteed rights and freedoms
Page 18 of 37
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