They challenged the constitutionality of the list and how it was applied to them.The cases were complicated by secrecy declared necessary for national security. In deciding the challenges, Justice Simon Noël writes he weighed “the tension between individual rights and collective interests in security.”
He said he had no meaningful way to respond to “unsourced allegations” against him linking him to terrorist activities and financing.Dulai said the list prevented him from properly managing and maintaining his Punjabi-language television studios in Calgary, Winnipeg, Edmonton, and Brampton; one by one they have closed, he said. He drove from Vancouver to Toronto three times, which were expensive and impractical trips.
Noël similarly ruled the list breached the right to liberty and security, but this too was justified. The no-fly process, however, complies with the principles of natural justice by allowing complaints and appeals and having independent council hear secret evidence and respond to it.“As part of Canada’s societal commitment, it is a top priority to guarantee that all Canadians live in a safe environment.
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