What is left is a meticulous examination by the court, using the “modern approach to statutory interpretation,” to determine the proper scope of the expression or phrase “within Canada,” which Noël preceded to do in an exhausting fashion. This included reading and interpreting the words of the statute in their ordinary and grammatical senses, interpreting them in the context of the act as a whole as well as reviewing the context of s. 16 by analyzing extrinsic sources (such as Parliamentary debates, various commission reports, etc.). The court then reviewed the overall facts of the case along with the argument submitted by counsel in light of true meaning of the phrase “within Canada.”

The court confirmed that legislation that infringes on civil liberties, such as the act, must be interpreted cautiously to ensure minimal infringement of Canada’s most fundamental liberties while ensuring that the rule of law is upheld. Therefore, courts must tread lightly, cautiously scrutinizing and interpreting the investigative powers granted by Parliament to Canada’s intelligence services, ensuring that they are “not authorized to overstep their mandate by Judges.” Noël repeatedly reiterated that if the scope of the powers in the act requires an expansion in order to provide assistance to the minister of Foreign Affairs or National Defence, such change must be brought through legislative amendment, not by a court broadly interpreting the CSIS Act.

Section 12 of the act sets out the primary mandate and function of CSIS, which is to investigate threats to the country’s security and allow CSIS to perform its functions and duties within or outside of Canada. Section 12.1(1) of the act specifically allows CSIS to take measures within or outside of Canada to reduce threats if there are reasonable grounds to believe that a particular activity constitutes a threat to the security of Canada, while s. 21 gives CSIS the right to seek warrants to enable the service to investigate, within or outside of Canada, a threat to the security of Canada or to perform its duties under s. 16. However, in contrast to s. 12, the court found that s. 16 of the act has an “assistance or policy oriented goal” rather than a threat-related one, since it looks to collect political, economic, commercial and military intelligence to assist ministers in making informed decisions in their respective portfolios.