Ottawa: A Canadian court has dismissed an attempt by two Sikh extremists to get off the country's no-fly list, saying there are "reasonable grounds" to suspect they will threaten transportation security or travel by air to commit a terrorism crime.
The Federal Court of Appeal, in its ruling this week, dismissed an appeal by Bhagat Singh Brar and Parvkar Singh Dulai after they lost a constitutional challenge to their no-fly designations under the Canada Safe Air Travel Act. the Canadian Press news agency reported from Vancouver on Thursday. .
The two were not allowed to board planes in Vancouver in 2018.
The ruling says the law empowers the Minister of Public Security to prohibit people from flying if there are "reasonable grounds to suspect that they will threaten the security of transportation or travel by air to commit a terrorist crime."
"At some point, the appellants tried to fly. They could not," the ruling says. "They were on the list and the minister had ordered them not to fly."
The appeal panel concluded that, based on confidential security information, the minister "had reasonable grounds to suspect that the appellants would travel by air to commit a terrorist offence".
In 2019, Brar and Dulai went to the Federal Court of Canada to have their names removed from the list.
But Judge Simon Noel ruled against both in 2022.
The limits imposed on Dulai, he ruled, "were the result of suspicions based on evidence that he might fly abroad to plan a terrorist attack."
"The Government of Canada must enact laws that protect national security and intelligence activities in a way that respects rights and freedoms and encourages the international community to do the same," said Noel.
In their appeal, both Brar and Dulai argued that the impairment of their rights as a result of their inclusion on the list was not "minimal" and therefore unjustified.
However, the appeals court ruled that the legislation was justified and that the confidential parts of the court process were procedurally fair.
The Safe Air Travel Act deals with "national security, international relations, and global cooperation to prevent terrorism" and is "not directed at past events that are tangible, certain, and known," the appeals court concluded.
"Rather, it is forward-looking and designed to act preventively, proactively and in advance to address perhaps vague, but nonetheless very real, risks of harm to property, public safety and human life," it says. failure. "Several of its features show careful adaptation to minimize the impairment of rights and freedoms."
Judge David Stratas, writing for the three-judge panel, says that while courts need to protect rights, the stakes for the government are "very high" on security and terrorism prevention, justifying giving it to Parliament "some room for manoeuvre".
Lawyers for Brar and Dulai did not immediately respond to requests for comment on the court's ruling.
According to sources in New Delhi, Dulai is a member of the banned Babbar Khalsa.
They said Dulai is a close associate of opposition New Democratic Party leader Jagmeet Singh. Dulai runs a channel called "Channel Punjabi" from Surrey and "Global TV" from Chandigarh.
Both channels spread Khalistani propaganda, they said.
The court's ruling came against the backdrop of a serious strain in ties between India and Canada following allegations by Canadian Prime Minister Justin Trudeau in September last year of "potential" involvement of Indian agents in the murder of Nijjar.
New Delhi rejected Trudeau's accusations as "absurd" and "motivated."
India has maintained that the main problem between the two countries is Ottawa giving space to pro-Khalistan elements who operate with impunity from Canadian soil.
The Federal Court of Appeal, in its ruling this week, dismissed an appeal by Bhagat Singh Brar and Parvkar Singh Dulai after they lost a constitutional challenge to their no-fly designations under the Canada Safe Air Travel Act. the Canadian Press news agency reported from Vancouver on Thursday. .
The two were not allowed to board planes in Vancouver in 2018.
The ruling says the law empowers the Minister of Public Security to prohibit people from flying if there are "reasonable grounds to suspect that they will threaten the security of transportation or travel by air to commit a terrorist crime."
"At some point, the appellants tried to fly. They could not," the ruling says. "They were on the list and the minister had ordered them not to fly."
The appeal panel concluded that, based on confidential security information, the minister "had reasonable grounds to suspect that the appellants would travel by air to commit a terrorist offence".
In 2019, Brar and Dulai went to the Federal Court of Canada to have their names removed from the list.
But Judge Simon Noel ruled against both in 2022.
The limits imposed on Dulai, he ruled, "were the result of suspicions based on evidence that he might fly abroad to plan a terrorist attack."
"The Government of Canada must enact laws that protect national security and intelligence activities in a way that respects rights and freedoms and encourages the international community to do the same," said Noel.
In their appeal, both Brar and Dulai argued that the impairment of their rights as a result of their inclusion on the list was not "minimal" and therefore unjustified.
However, the appeals court ruled that the legislation was justified and that the confidential parts of the court process were procedurally fair.
The Safe Air Travel Act deals with "national security, international relations, and global cooperation to prevent terrorism" and is "not directed at past events that are tangible, certain, and known," the appeals court concluded.
"Rather, it is forward-looking and designed to act preventively, proactively and in advance to address perhaps vague, but nonetheless very real, risks of harm to property, public safety and human life," it says. failure. "Several of its features show careful adaptation to minimize the impairment of rights and freedoms."
Judge David Stratas, writing for the three-judge panel, says that while courts need to protect rights, the stakes for the government are "very high" on security and terrorism prevention, justifying giving it to Parliament "some room for manoeuvre".
Lawyers for Brar and Dulai did not immediately respond to requests for comment on the court's ruling.
According to sources in New Delhi, Dulai is a member of the banned Babbar Khalsa.
They said Dulai is a close associate of opposition New Democratic Party leader Jagmeet Singh. Dulai runs a channel called "Channel Punjabi" from Surrey and "Global TV" from Chandigarh.
Both channels spread Khalistani propaganda, they said.
The court's ruling came against the backdrop of a serious strain in ties between India and Canada following allegations by Canadian Prime Minister Justin Trudeau in September last year of "potential" involvement of Indian agents in the murder of Nijjar.
New Delhi rejected Trudeau's accusations as "absurd" and "motivated."
India has maintained that the main problem between the two countries is Ottawa giving space to pro-Khalistan elements who operate with impunity from Canadian soil.
