A Canadian court has rejected a legal attempt by two Sikh extremists to be removed from the country's no-fly list, affirming that there are justified grounds to suspect they pose a threat to transportation security or intend to commit terrorism while traveling by air.
The Federal Court of Appeal dismissed an appeal by Bhagat Singh Brar and Parvkar Singh Dulai this week after they unsuccessfully challenged their no-fly designations under Canada's Secure Air Travel Act. The court's ruling empowers the public safety minister to restrict individuals from flying based on reasonable suspicions of potential terrorism offenses during air travel.
The appellate panel, relying on confidential security information, upheld the minister's decision, stating there were sufficient grounds to believe Brar and Dulai might use air travel to commit terrorism acts. In a prior 2022 ruling, Justice Simon Noel of the Federal Court of Canada had upheld their no-fly status, citing evidence-based concerns about Dulai's potential to orchestrate a terrorist attack abroad.
The court underscored the importance of legislative measures that balance national security imperatives with respect for rights and freedoms, emphasizing the Act's proactive and preventative approach to mitigating risks to public safety and international relations.
While Brar and Dulai argued that their rights were unfairly restricted, the appellate court found the legislation justified and maintained that the court procedures, including confidential aspects, were conducted fairly.
The Secure Air Travel Act, focused on preventing terrorism through preemptive measures, is aimed at safeguarding property, public safety, and human life, with provisions designed to minimize impacts on individual rights and freedoms.
Judge David Stratas, writing for the three-judge panel, acknowledged the need to protect rights while recognizing the high stakes for government in ensuring security and preventing terrorism, allowing Parliament some discretion in crafting laws accordingly.
Lawyers representing Brar and Dulai did not respond immediately to requests for comment following the court's decision.
Sources in New Delhi identified Dulai as associated with the banned Babbar Khalsa group and noted his involvement in media activities promoting Khalistani ideology through channels such as "Channel Punjabi" in Surrey and "Global TV" in Chandigarh.
The court's ruling comes amid strained relations between India and Canada, exacerbated by allegations made by Canadian Prime Minister Justin Trudeau regarding alleged Indian involvement in specific incidents, which India has vehemently denied, attributing tensions to Canada's alleged tolerance of pro-Khalistan elements operating freely within its borders.