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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