Tuesday, September 28, 2010

Canadian Airport Security Checks and the Charter

An informative discussion at Toronto Defence Lawyers Blog on security checks at Canadian intenational airports:

There is no place on Canadian soil where individuals have less constitutional protection than at an international airport. The government and the courts have determined that overriding concerns for effective law enforcement, security, and national sovereignty are more important than the protection of Charter rights in the airport context.

Section 1 of the Charter allows the government to limit Charter rights as much as is reasonably justified in a free and democratic society. For all intents and purposes, the court has ruled that it is reasonably justifiable to limit Charter rights against search and seizures to facilitate customs and security at an international airport. This limitation of freedom applies only in the context of international flights. When you are flying domestically, Charter rights apply to you the same way as they do anywhere else in the country. However, when you are flying between countries, the protection afforded by the Charter is severely limited.

Reads the balance of the article: Airport Security
- Garry J. Wise, Toronto
Visit our Toronto Law Firm website: www.wiselaw.net

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