are subject to such reasonable limits prescribed by law as can be
demonstrably justified in a free and democratic society.
Similarly, the Supreme Court of Canada in the case of R v. Khawaja,
2012 SCC 69, [2012] 3 S.C.R. 555 dealt with Constitutional law aspects
specifically on the Charter of Rights on the issue whether the provisions, in
purpose or effect, violate a right to free expression under the Canadian
Charter of Rights and Freedoms and section 2 (b) of the Criminal Code,
R.S.C. 1985 amongst others where it held that the purpose of the law
does not infringe freedom of expression.
In view of the general observation, law and case law recapped above,
we find it is important for a Constitutional Court assigned to determine
constitutionality of any Statute to pay regard to one or more of the basic
guidelines/principles
proportionality;
discussed
constitutionality
above.
The
presumption
of
principles
legislations;
include:
judicial
independence and impartiality; legality; fundamental rights are subject to
limitations; Court's duty to jealously guard fundamental rights but not their
restrictions; and, applying Constitutional Construction and interpretation of
a Statute method making it operative and not inoperative.
This Court too, is guided accordingly. For purposes of facilitating easy
references and analysis regarding the impugned provisions, we find it ideal
to reproduce them in extenso as hereunder: Section 9(1) "A person shall commit an offence under this section
who is in possession of any code, password, sketch, plan, model,
note or other document, article or information which relates to or
is used in a protected place or anything in that place, in
contravention of this Act or the Protected Places and Areas Act,
Page 19 of 37
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