A recent report from Canada’s intelligence watchdog revealed instances where the federal government placed individuals on the no-fly list without proper justification. The National Security and Intelligence Review Agency (NSIRA) conducted an investigation into the effectiveness of the Passenger Protect Program, commonly known as the no-fly list, and assessed the government’s treatment of individuals for fairness.
According to the report released by NSIRA, a well-functioning program is essential for maintaining public trust in national security and individual freedoms. The Passenger Protect Program empowers the government to prevent individuals, both Canadians and non-Canadians, deemed a threat to aviation security from boarding commercial flights to, from, or within the country.
While the total number of people on the list remains undisclosed in the public report, NSIRA’s findings commended the government for recent improvements such as implementing centralized passenger screening for air carriers. Despite acknowledging that all listed individuals initially met the necessary threshold and were generally treated fairly, the report identified shortcomings in the decision-making process for retaining individuals on the list.
The review highlighted deficiencies in the coordination and leadership within Public Safety regarding the no-fly list. Specifically, under the Secure Air Travel Act, the public safety minister or a delegate is mandated to review the list every 90 days to assess the continued validity of listing individuals. NSIRA’s investigation revealed instances where individuals were renewed on the list without sufficient grounds, including cases where individuals were relisted for reasons unrelated to the Act’s thresholds.
Moreover, NSIRA raised concerns about the lack of clarity and disagreement among departments involved in the Passenger Protect Program on the criteria for removing individuals from the list. The report also flagged issues with the recourse system, citing a lack of documented rationale for decisions and instances where individuals were delisted despite no apparent change in circumstances.
In response to the report’s findings, NSIRA made 10 recommendations aimed at enhancing clarity and accountability in listing decisions. Public Safety did not provide a comment by the deadline but later stated they are collaborating with partners to respond to the recommendations. The report emphasized Canada’s robust security and intelligence review mechanisms while noting discrepancies in formal responses from departments involved in the review process.
Despite some challenges, the Federal Court in 2022 upheld the constitutionality of Canada’s no-fly list, recognizing the necessity of balancing air transportation safety with the restriction of mobility rights.