A recent report from the National Security and Intelligence Review Agency (NSIRA) revealed instances where individuals were placed on Canada’s no-fly list by the federal government without proper justification. The NSIRA investigated the effectiveness of the Passenger Protect Program, also known as the no-fly list, in ensuring both national security and individual rights.
The program allows the government to prevent individuals, including both Canadians and non-Canadians, deemed a threat to aviation security from boarding commercial flights to, from, or within Canada. While the total number of people on the list was not disclosed in the public report, the NSIRA commended recent government initiatives, such as centralized passenger screening for air carriers, which have led to fewer errors and enhanced security measures.
Despite these positive changes, the NSIRA report identified deficiencies in the decision-making process to retain individuals on the list. The review highlighted gaps in coordination and leadership within Public Safety, noting that some individuals were renewed on the list without sufficient grounds.
Under the Secure Air Travel Act, the public safety minister or a delegate must review the list every 90 days to assess if the reasons for listing individuals still stand. The NSIRA found instances where individuals were kept on the list without proper justification, including cases where previous decisions to delist individuals were reversed without new evidence.
Furthermore, the review agency flagged concerns about the lack of clarity and disagreements among departments involved in the Passenger Protect Program regarding the removal of individuals from the list. Issues with the recourse system were also noted, with a lack of documented rationale for decisions.
The NSIRA made 10 recommendations, including the need to clarify roles and responsibilities in listing decisions. Public Safety has yet to respond to the report’s findings, stating they are collaborating with partners to address the recommendations.
The NSIRA emphasized the importance of timely access to information and transparency in the review process. While most departments met expectations, Public Safety’s responses to information requests were inconsistent, hindering the review progress.
In a separate development, the Federal Court upheld the constitutionality of Canada’s no-fly list in 2022, citing the necessity to ensure safety in air transportation and combat terrorist activities.
