A recent report from one of Canada’s intelligence watchdogs shows that the federal government sometimes kept people on the no-fly list without proper justification.
The National Security and Intelligence Review Agency (NSIRA) looked into whether the Passenger Protect Program, commonly known as the no-fly list, is functioning properly and if individuals are treated fairly by the government.
“A well-functioning program is crucial for public trust in both national security and individual freedoms,” the review agency wrote.
The Passenger Protect Program enables the government to prevent individuals – both Canadians and non-Canadians – who are thought to pose a threat to aviation safety from boarding commercial flights in or out of Canada.
The specific number of people on this list has been redacted in the public report.
NSIRA’s report acknowledged that the government made improvements in recent years, including centralized passenger screening for airlines, which has helped reduce errors and enhance security. It also noted that all individuals listed at the time of their review met the necessary criteria when they were first added to the list and that generally, individuals were treated reasonably and fairly by authorities.
However, investigators identified problems in how decisions were made regarding keeping people on the list.
“The report’s findings highlight gaps in [Public Safety’s] co-ordination and leadership on this file,” stated the intelligence watchdog.
This doesn’t automatically mean they should be removed from it; for instance, police might halt an investigation if they’re unlikely to achieve a successful prosecution.
“Nevertheless, when listed people are not under active investigation by at least one nominating agency, [Public Safety] cannot credibly determine whether case brief assessments remain current,” it stated.
This led NSIRA to express concern about issues within recourse systems.
Diving deeper into processes,Public Safety Canada shares unclassified summaries outlining accusations against applicants while allowing them a chance for response before a decision is reached by ministers.No surprise then that once again they found confusion along with insufficient documentation supporting decisions made.“In one extreme case..a person was delisted through normal processes mere days after previously deciding upon maintaining their listing following recourse – despite no clear changes in circumstances.” The report continues.This highlights serious inconsistencies across procedures followed throughout these evaluations.”Naturally enough recommendations came pouring out thereafter-ten total-one key suggestion focusing specifically around clarifying roles/responsibilities associated within making listing decisions. The has sought comment from Public Safety regarding this matter. A redacted version surfaced first via access requests prior sharing initiated through said intelligence body as well. Additionally , the review highlighted granting rights provided under NSIRA Act allows timely access except where cabinet confidences exist alongside relevant explanations deemed necessary. Most departments engaged alongside Passenger Protect Program reviews fulfilled NSIRA’s expectations however Public Safety fell short. “The quality & timeliness relating back formal responses towards requests posed proved uneven oftentimes hindering progress along overall reviewing process ,” it added. In 2022 Federal Court upheld constitutionality surrounding existence related specifics pertaining Canadian No-Fly List system being questioned.”Ensuring safety concerning air travel correlates inherently linking reduced mobility rights concerned amid terrorist threats “, Justice Simon Noël remarked during proceedings amidst discussions emphasizing balance necessary between safeguarding liberties versus limiting movement overall.”
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6 Renewed ‘Without Having Necessary Grounds’
According to the Secure Air Travel Act, it’s required for either the federal public safety minister or a delegate to review each name on the list every 90 days. They need to confirm whether there are still valid reasons for each person’s inclusion on it. NSIRA’s findings showed that this wasn’t always being done effectively, citing “an overall lack of program coherence.” “More substantively, the minister’s delegate renewed the listing of six currently listed people without having necessary grounds,” reads the report. For these six cases, two individuals remained on the list even after previous decisions indicated they should be delisted – without any new information justifying such a change. One file clearly showed that either CSIS or RCMP assessed that they did not meet thresholds for listing again. Additionally, three individuals were relisted based on criteria not related to those set out by Secure Air Travel Act thresholds, according to what was reported. The review agency also pointed out some people currently listed aren’t under active investigation anymore – though numbers remain redacted.This doesn’t automatically mean they should be removed from it; for instance, police might halt an investigation if they’re unlikely to achieve a successful prosecution.
“Nevertheless, when listed people are not under active investigation by at least one nominating agency, [Public Safety] cannot credibly determine whether case brief assessments remain current,” it stated.
Issues with Recourse System Flagged
The reviewers noted there was “a general lack of clarity and in some cases disagreement” among departments involved with managing Passenger Protect Program about when or why someone should be taken off lists.This led NSIRA to express concern about issues within recourse systems.
Diving deeper into processes,Public Safety Canada shares unclassified summaries outlining accusations against applicants while allowing them a chance for response before a decision is reached by ministers.No surprise then that once again they found confusion along with insufficient documentation supporting decisions made.“In one extreme case..a person was delisted through normal processes mere days after previously deciding upon maintaining their listing following recourse – despite no clear changes in circumstances.” The report continues.This highlights serious inconsistencies across procedures followed throughout these evaluations.”Naturally enough recommendations came pouring out thereafter-ten total-one key suggestion focusing specifically around clarifying roles/responsibilities associated within making listing decisions. The has sought comment from Public Safety regarding this matter. A redacted version surfaced first via access requests prior sharing initiated through said intelligence body as well. Additionally , the review highlighted granting rights provided under NSIRA Act allows timely access except where cabinet confidences exist alongside relevant explanations deemed necessary. Most departments engaged alongside Passenger Protect Program reviews fulfilled NSIRA’s expectations however Public Safety fell short. “The quality & timeliness relating back formal responses towards requests posed proved uneven oftentimes hindering progress along overall reviewing process ,” it added. In 2022 Federal Court upheld constitutionality surrounding existence related specifics pertaining Canadian No-Fly List system being questioned.”Ensuring safety concerning air travel correlates inherently linking reduced mobility rights concerned amid terrorist threats “, Justice Simon Noël remarked during proceedings amidst discussions emphasizing balance necessary between safeguarding liberties versus limiting movement overall.”
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