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Grounding the No-Fly List

Rights groups seek to block 'illegitimate' security plan.

By Tom Barrett, 18 Jun 2007, TheTyee.ca

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Starting Monday, anyone boarding a commercial airliner in Canada will be screened against a home-grown no-fly list. But the B.C. Civil Liberties Association is still fighting to kill the list.

Calling the process by which the list was enacted "illegitimate," the association is calling on MPs who belong to the Commons public safety committee to hold public hearings into the list.

The BCCLA is part of a coalition of 10 groups that is calling for the immediate cancellation of the no-fly list.

The list "doesn't do a darn thing for security," BCCLA policy director Micheal Vonn told The Tyee.

"It has terrible implications for rights and it's massively subject to abuse.

"And the other thing that's kind of tied into this is that there has been no democratic process. We say that the process is illegitimate."

Known as Passenger Protect, the federal plan establishes a secret list of persons who are believed to represent an "immediate threat" to airline security.

All passengers in Canada will be automatically screened against the list before they are issued a boarding pass. In the event of a possible match, airlines must immediately contact Transport Canada, which will decide whether the passenger can fly.

'Back door'

The federal cabinet created the list by passing regulations. Unlike legislation, regulations are not debated or voted on by Parliament. And while regulations are supposed to fill in the details on specific pieces of legislation, the BCCLA argues that there is nothing in the relevant law that specifically authorizes a no-fly list.

"No one who passed this legislation would have any reason to believe that they were putting in a no-fly list," said Vonn. "The words 'no fly' have never been uttered in a parliamentary debate on the issue of whether or not we should do this."

The government brought in the list "through the back door," said Vonn. "Clearly this is a national security measure. It should go to the public safety committee."

Although no hearings have ever been held, the public safety committee has been briefed on the list by bureaucrats and several members have been sharply critical of its provisions.

The no-fly list has been criticized by opposition politicians and by the federal privacy commissioner. Earlier this week, Air Canada's head of security warned that the list could create "unruly" situations when passengers are told they cannot fly.

Yves Duguay said the airline supports the idea of a no-fly list, but is worried about the safety of front-line staff.

"That's a point we've been making for two years, the employee security issue," Vonn said.

The BCCLA is also hoping to be given permission to make a public submission to an obscure parliamentary committee that reviews federal regulations. Vonn said the association hopes to hear in the fall whether the Standing Joint Committee for the Scrutiny of Regulations will grant it permission to argue publicly against the no-fly list.

Made up of senators and MPs, the scrutiny committee reviews new regulations to ensure the government has the authority to make them and that they comply with existing laws, including the Charter of Rights and Freedoms.

'Kafka nightmare'

The BCCLA has opposed the no-fly list since plans to implement it were first made public. The group has called the scheme a "useless piece of security theatre" that "may represent a foothold for an electronic infrastructure for unprecedented traveller surveillance."

The association argues that the U.S. no-fly list has had a "devastating impact on thousands of ordinary citizens who have been flagged by the system mistakenly or because they have a name that sounds like a name on the list."

The U.S. no-fly list, which was created in the wake of 9-11, has apparently grown to half a million names, ABC News reports.

"Privacy and civil liberties advocates say the list is growing uncontrollably, threatening its usefulness in the war on terror," ABC reported last week.

With that many names, it's inevitable that confusion will set in. Because the list contains the name T. Kennedy, U.S. Senator Ted Kennedy was stopped and questioned five times at U.S. airports by security staff. It took Kennedy more than three weeks to get his name off the list.

The U.S. no-fly system "can't tell the difference between famous U.S. senators and actual terrorists," the BCCLA has argued.

Thousands of ordinary Americans "are now unable to board an airplane or are subject to highly intrusive questioning and searching before being allowed on a plane," the BCCLA says.

"And like a Kafka nightmare, they can't find out how they got on the list and can't get themselves off the list."

Two lists

Americans aren't the only ones who have run into troubles with the U.S. no-fly list. The Canadian Press has reported that Canadian airlines already use the U.S. list for domestic flights and that "dozens of Canadians have formally complained about being delayed at airports because their name -- or at least one that matches theirs -- turned up on the U.S. no-fly roster, or possibly another list that singles out passengers for secondary screening."

And, reports CP, Canadian airlines intend to keep using the U.S. list once the Canadian list goes into effect -- even though the federal government has said they should not be using the U.S. list.

Transport Canada says persons on the Canadian list will include:

  • "An individual who is or has been involved in a terrorist group, and who, it can reasonably be suspected, will endanger the security of any aircraft or aerodrome or the safety of the public, passengers or crew members"
  • "An individual who has been convicted of one or more serious and life-threatening crimes against aviation security"
  • "An individual who has been convicted of one or more serious and life-threatening offences and who may attack or harm an air carrier, passengers or crew members."

Photo ID

As of Monday, everyone travelling by air within Canada who appears to be 12 or older must present one piece of government-issued photo ID -- or two pieces of government ID without a photo -- showing their name, date of birth and gender.

The federal government has said it will "take steps to minimize the risk" of mistakes through several procedures:

  • "The specified persons list will be limited in scope and focused only on aviation security"
  • "The list will be reviewed and refreshed at least every 30 days to incorporate any new information quickly"
  • "The list provided to air carriers will provide name, date of birth and gender for each entry, which will allow accurate identification"
  • "Air carriers will verify possible matches with the list"
  • "Individuals will be required to present government-issued ID for the verification of name, date of birth and gender."

"The government, not the airline, will make the final decision on whether to deny boarding to an individual who is a match with the list," states Transport Canada.

A passenger who is mistakenly barred from flying can appeal to a Transport Canada "Office of Reconsideration."

To complain to the office, known as the OOR, a person must provide a notarized document that proves that they are who they say they are.

After reviewing the case, the OOR will recommend to the minister of transport whether the government should consider taking the person's name off the list.

"The OOR process will take approximately 30 working days, and the individual will be informed of the decision," states Transport Canada. "Should the individual not be satisfied with the decision of the Minister, they will still have the option of pursuing other legal avenues to challenge the decision, such as the Federal Court."

Privacy concerns

Despite the complaints of civil libertarians, the government says the Canadian no-fly list will comply with both the Charter and privacy laws.

However, Privacy Commissioner Jennifer Stoddart isn't happy.

Stoddart was highly critical of the home-grown no-fly list when it was first announced and a spokeswoman for her office recently told CanWest News that the commissioner's views "have not drastically changed."

When the no-fly list was first proposed, Stoddart sent Transport Canada a list of 24 questions that outlined her concerns.

Stoddart's first question was:

"What studies, if any, has the department carried out to demonstrate that advance passenger information will be useful in identifying high-risk travelers?"

The government's answer:

"The Passenger Protect program proposes to use a watchlist to prevent specified individuals from boarding flights based on practical global experience and risk assessment rather than specific studies."

Critics say this means that the government has no proof no-fly lists work.

The coalition of groups calling for the immediate cancellation of the no-fly list includes the BCCLA, the Canadian Arab Foundation, the Canadian Council for Refugees, the Canadian Labour Congress, the Canadian Race Relations Foundation, the Centre for Research Action in Race Relations, the Coalition of Arab Canadian Professionals and Community Associations, the Chinese Canadian National Council, the International Civil Liberties Monitoring Group and the National Anti-Racism Council of Canada.

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[Tyee]

Tom Barrett is a contributing editor to The Tyee. Read his previous stories here.

26 Comments:

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  • murdock

    4 years ago

    All in the name of 'protection'

    If this is to be the means of 'protection' silly lists to slow down passenger traffic, then I think the Airline Companies will have a legitimate complaint about the insane level of impact on their business should these measures ever fail.

    Considering the history of organizations like CSIS and the RCMP for bolloxing-up information systems and totally missing the dangerous while setting the dogs loose on the innocent I expect that I shall be using my feet to travel in the future...

  • rockyvoids

    4 years ago

    Just watch!

    This is just a neocon ruse to hamper the traveling ability of their critics.
    The photo ID will no doubt be fullface and profile and numbered. A person will no doubt need a number tattooed on some part of the anatomy where it can't be removed.
    Oops! Thats been done. It'll be a barcode.

  • munroe

    4 years ago

    A Yankee disease

    A trip around american websites, particularly those with a neocon flavour, demonstrtaes one over-riding and pervasive feature - paranoia. This paranioa has been a central feature of american culture since the twin towers and has proven very useful in advancing the neocon agendas.

    The "no-fly" list has much more to do with Harper's attempts to emulate the american experience, then to address any real issues or concerns. Our neocons are borrowing from their neocons in a feeble attempt to gain traction for themselves.

    What's next? A Canadian equivalent of Gitmo (do we have leased military bases in any foreign country - or can we find a developing nation with a cash problem to co-operate?).

  • skeptikool

    4 years ago

    Security: A growth industry

    Like the borders themselves, between Canada and the U.S., they have become monumental make-work projects under the guise of increased security concerns.

    I fear this "jobs" aspect may make many mute who would otherwise speak out.

    The increased environmental damage with, not infrequently, one to three-hour waits of idling traffic at those borders, is another issue that has to be addressed.

  • Percy

    4 years ago

    Authroized under S. 4.71(2)(c) specifically

    It is difficult to argue that the "no fly" list is made without authority. Regulation-making powers under the Aeronautics Act are drafted very broadly, but Section 4.71(2)(c) specifically empowers the making of regulations "respecting the screening of persons entering or inside an aircraft or an aerodrome or other aviation facility". This is a political debate about the appropriateness of this measure, then, and not a "rights" debate.

  • mopled

    4 years ago

    What a game

    God forbid they should publish the list so one could clear one's name beforeshowing up at the airport.

    Is Transport Canada going to reimburse us for the money spent on a ticket that can't be used, business lost or prepaid vacations cancelled?

  • dorothy

    4 years ago

    but, but,....

    Hey, now, isn't making it difficult and onerous to go flying part of the goverment's green plan? Only people who desperately need to go from A to Z in the time only flying will take them will be willing to stomach the black bureaucracy involved in the endeavour. That way, just like all these newly engineered bends in the streets of our fair city, it will keep people grounded and inside their houses, who would only be travelling for frivilous reasons. And, isn't it a well established social norm, that you should only be allowed to do the things you have a demonstrable need for, but not all those, for which you have no such reason, not to mention any authorization?

  • Van Isle

    4 years ago

    A number of years ago I was

    A number of years ago I was a victim of I.D. theft. I've had the police show up at my house to arrest me for B and E's; my medical files have been screwed-up; have been accused of being a drug-pusher; banks (which I have never dealt with before) phoning me up and demanding paying back on loans. There are a few other incedents which I haven't mentioned. It should be interesting to see what happens the next time I try and fly.

  • Stump

    4 years ago

    I have seen the future

    And it consists of paper gown-clad folks in disposable slippers shuffling forward in an endless line for their shot of sedative before being locked into their self-contained capsules and deemed "safe to fly." Good times.

  • Fish-counter

    4 years ago

    Cute way to steal civil liberties

    "Considering the history of organizations like CSIS and the RCMP for bolloxing-up information systems and totally missing the dangerous while setting the dogs loose on the innocent I expect that I shall be using my feet to travel in the future"

    Murdock is an optimist. The interesting thing about living in Canada is that freedom is thought to be something doled out by the government. Wrong. Freedom was won by the people of Europe over many centuries and many bloodbaths. Freedom was gifted to Canada and to the U.S.A. without any serious conflict.

    That may be why it is treated so lightly. In Canada for example, the RCMP are free to set up a road block, stopping every car on the Trans Canada, particularly near Moose Jaw for some reason, to check the driver's documentation. They do the same thing wherever they choose. This is a direct infringement of the public Right to Proceed.

    My respect for the RCMP goes down every time this happens. I just fought and won a seat belt ticket charge on this very point. An RCMP road block turned Queen Street in Duncan into a parking lot. I was in a 15 minute line up. To get atr my insurance papers, I unbuckled my seat belt. The RCMP officer gave me a ticket for that.

    My letter to the court included comments about Air India Flight 182, Carla Homolka, Clifford Oslen's $100,000 gift from the RCMP and Willy Pickton's crime spree.

    It makes angry that the cops give out seat belt tickets when serious crimes are going unpunished. The NRA or the Whackos from Wako look better every day.

    And then there is the corrruption within the RCMP itself...

    No fly list my ass. Somebody needs a serious tune-up.

  • Bytesmiths

    4 years ago

    History Repeats Itself

    Munroe wrote: "... paranoia has been a central feature of american culture since the twin towers and has proven very useful in advancing the neocon agendas."

    Herman Goering wrote: "Of course the people don't want war. But after all, it's the leaders of the country who determine the policy, and it's always a simple matter to drag the people along whether it's a democracy, a fascist dictatorship, or a parliament, or a communist dictatorship. Voice or no voice, the people can always be brought to the bidding of the leaders. That is easy. All you have to do is tell them they are being attacked, and denounce the pacifists for lack of patriotism, and exposing the country to greater danger."

  • DPL

    4 years ago

    On the CBC News TV this

    On the CBC News TV this evening we heard two MP's One NDP, one Conseravtive both were bothered already. Pat Martin a number of times, the Conseravtive not so often. WE were reminded that only two countries in the wolrd have such lists. USA and guess who.Canada as of today. What a crock. fear has made the US citizens very compliant and that's the plan here. I can see it all now. An aircraft full of passengers and one of the pilots stuck at the gate because his name matches some other person. This is getting downright stupid. But we as dumbed down Canadians will do as we are told

  • murdock

    4 years ago

    only if we can afford to take them to the 'legal' cleaners!

    Quote:
    Is Transport Canada going to reimburse us for the money spent on a ticket that can't be used, business lost or prepaid vacations cancelled?

    NO.

    Not unless you have some very deeeeeeep pockets (in which case you would simply fly charter and tell the airlines to 'get stuffed') so that you could afford to sue them.

    Has anyone ever started a 'class action' lawsuit based on their name? Better hope that John Smith is not on the 'no fly list'!

  • aorangi

    4 years ago

    NO FLY, NO GO, NO REIMBURSEMENT

    We're assured via CBC Radio News that the No-Fly list will be absolutely private and though it has to be shared with countries we fly to, they'll keep it as private as we do. Yeah. In a second it'll be in the hands of their Govt. security arm who'll have the option of juggling Canadian names with US No-Fly names and maybe we'll wind up on both lists. Try to imagine any country arming itself with every other country's list, trying to check them all for Tom Smith or Bob Brown.

    I hope everyone who gripes sends a letter to Harper's brightest and best, Stockwell Day, with a cc to Steve. They do count them.

  • margot

    4 years ago

    munroe, Camp Mirage

    Quote:
    What's next? A Canadian equivalent of Gitmo (do we have leased military bases in any foreign country - or can we find a developing nation with a cash problem to co-operate?).

    Canada has Camp Mirage on the outskirts of Dubai. The CBC frequently describes it as a secret, which it isn't.

    While I doubt it's our Gitmo, it is in a very expensive neighbourhood. Check out the Habtoor Grand Hotel and Spa, where DND reported spending a great whack in mid- January last year.

    15-01-2006 Habtoor Grand Resort and Spa Recreational Services $350,000.00
    15-01-2006 Sherzai Transportation $300,000.00 (Sherzai, a frequent recipient of DND $$, usually just listed as "Sherzai", may be the former governor of Kandahar)

    Then, egad, another junket in March:
    29-04-2006 Habtoor Grand Resort and Spa Other (R & D) $205,046.40

    For a baffling translation of what it's like to stay at the Habtoor, try:
    http://www.holidaycheck.fr/detail-Evaluations+d+hotel_Hotel+Habtoor+Grand+Resort+Spa-id_617227-typ_1-ch_hb.html and click on "translate this page".

  • munroe

    4 years ago

    Thanks, Margot

    I appreciate the correction and intend to explore the issue.

  • munroe

    4 years ago

    Margot,

    I don't want to appear gullible or naive, but a rather quick check of internet sources does not suggest any equivalency between the illegal and outrageous Gitmo prison and Camp Mirage, other then both are miitary bases situated in developing countries.

    That said, I would say that having a Canadian military staging area in the mid-east is troublesome in the larger picture. It appears to be used as another element in the militarization of our foreign policy. This "integration" into the yankee view of the world as represented by our combat role in Afghanistan is more than troubling.

    Bringing this back around to the topic, having our own "no-fly list" is simply another element of this americanization. We send troops to a foriegn country to "please" the Americans. In turn, we lose, not only international respect for our traditional position and role, but anger those who see Canada as an invader and occupier. This escalates to a push to restrict Canadian freedoms, the latest example being this "no-fly" policy.

    It is wrong and it is sad.

    It was reported today that Arar family have established a scholarshp here in B.C. I find this both amazing and gratifying, given the poor treatment our country allowed at the hands of the Americans. It is ironic that Arar remains on the yankee "no-fly list".

    As we devolve as Canadians into the cesspool of american paranoia, Arar and his family remind us of the real values we as Canadians have and should hold.

  • BC Dude

    4 years ago

    Why doesn’t the NDP bring

    Why doesn’t the NDP bring down the Harper NeoCons Now before Harper becomes Bush's Clown in waiting for the secret number 2009?
    As the Federal Liberals are still run by the Fed Liberal "Good Old Boys Club"!
    I personally do not want to be affiliated with the sleaze that is in the WH now!
    Why not boycott the airlines until the "No fly list" is gone! Don't forget that the people "As One" have all the power!

  • alive

    4 years ago

    Deliberate!

    Just wait: there will be some system arranged so that if you spend enough money, then you can pass through the no-fly list exactly the same as you can bypass the crowds at the landborders!

    We are getting into a new and different world, where people with money can travel unhindered, while the poorer families will get hung up somewheres trying for a trip to Disneyland.

    The local chambers of commerce have long been wanting for us to vacation inside our province, and this is one of the tools! Another tool is the passport waiting time! The high price of gasoline even stops us from driving too far!

    Imagine if people travelled around and perhaps realized that we are not doing as well as some so-called third world countries?

    There is a plan for it all: keep the suckers close to home, so the local merchants can plunder them at will.

  • BC Dude

    4 years ago

    One more choice is to become

    One more choice is to become a member of CAP as I've done,the simple reason is she tells it like it is!
    http://www.canadianactionparty.ca/cgi/page.cgi?zine=show&aid=604&_id=27
    The media will bring the useless Greens to the forefront again when it serves the neocons wishes.
    The NDP would have had the last election by far if not for our fascist media!
    9/11: Debunking the Debunkers David Ray Griffin Answers Critics of the 9/11 Truth Movement
    This is the real reason for the rush to NAU and the "NoFly"
    As Dr.D Suzuki said on The Hour with George S “Harper has his head up Bush’s backside” the rest escapes me, but what a true statement!

  • hannibal

    4 years ago

    No fly, no high

    [/b]Big Brother ! has a list and your name is on it.
    This attempt at curbing [b]terrorism     is ill-conceived and ill-defined .
    Too many people have the same last names .
    John Smith is on the list . Every John Smith is barred from travel .
    Who devised this list CSIS and the RCMP ?
    Right!
    We haven't had a no-fly list since 9-11 , and no acts of terrorism have occured .

  • Dave2

    4 years ago

    Because he can't!

    Why doesn't Layton bring down the govn't?

    Because he can't, he doesn't have the numbers to bring down the govn't even if he wanted to. He only has enough members to prop up the govn't. In Other Words, if Layton doesn't want an election, he can prevent one, but he can't do anything to provoke one, that power still lies with the BQ. If the BQ says "no election", then there will be no election.

  • RickW

    4 years ago

    The western world......

    ....got tired of democracy, finding that it actually requires one to WORK at it to maintain the thing.

  • murdock

    4 years ago

    NonDP what?!?

    Quote:
    Why doesn’t the NDP bring down the Harper NeoCons Now before Harper becomes Bush's Clown in waiting for the secret number 2009

    asked BC Dude.

    The NDP does not hold the 'balance' of power as the did during the Mr. Dithers era.

    This task belongs to the Bloc and they are happy with the current coalition.

  • BC Dude

    4 years ago

    Thanks murdoc! "No Fly" list

    Thanks murdoc!
    "No Fly" list of evil terrorists should be #1 and #2 #3 guess list in USofA?
    In Canada #1 #2 #3?
    Anybody remember the kids nursery rhyme, now true "Yankee Doodle went to Canada and Mexico riding on a donkey" SPPs
    Well I think someone here could add a little something to this just for a bit of humour!

  • michael777

    4 years ago

    Con game security

    This whole drama is a con game to get us those security cards.

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