|
Via e-mail - June 13, 2007
Canada’s No-fly list provides false sense of security
By Faisal Kutty:
"Nothing personal sir, but your packages are not allowed on passenger airlines," said a United Parcel Service customer service agent, sitting in an American call centre. She was explaining to me that my package could not be delivered on an "early a.m." basis from Toronto to Peterborough.
I was interrogating the agent about why this was so, since I had been using UPS without any problems since starting my practice in 1996. Initially reluctant, the agent eventually confessed that when my account number was entered into their system, the "Flight Guardian" software flashed a red signal.
"Sir," she said, "after 9/11 we can only pick up packages if the green light is given."
The next day I called the UPS head office and inquired about the situation. The supervisor apologized and informed me that I could use the expedited service within Canada, but that I did not have the requisite clearance to use this service to the U.S.
We will never know how many Canadians have been so specially designated on more than a dozen lists maintained by the United States. The proliferation of these watch lists around the globe has been a troubling development in the "war on terror."
Now the Canadian government will complicate the situation even more by introducing its own no-fly list (set to be launched on June 18, 2007), which will inevitably be shaped by, and be available to, the Americans and perhaps even others.
As we consider the need to improve our intelligence and law enforcement systems, we must have an open and informed dialogue about what measures truly make us safer while ensuring that our fundamental values and liberties are not sacrificed.
The proper forum for such a debate is our legislature.
Bypassing this necessary debate in introducing the cleverly named "Passenger protect program" is irresponsible and cavalier, particularly given what we learned from the case of Maher Arar, the Canadian citizen who was rendered to Syria for torture while in transit through New York.
This charge is not being made lightly, as the information- sharing protocols and mechanisms, which were criticized by Justice Dennis O'Connor in the Arar inquiry findings, have not been improved or addressed – yet Ottawa is pushing ahead with its list.
Though the government has claimed national security privilege in refusing to confirm or deny this, the Smart Border Declaration and the Security and Prosperity Partnership of North America, as well as intelligence agreements, make it certain that the list will cross-fertilize with U.S., and perhaps even other nations' lists.
Making lengthy watch lists based on subjective and political criteria and then giving the power to add and remove names to agencies that have a vested interest in the national security agenda is akin to asking the fox to guard the hen house.
Such lists – they will inevitably fill up quickly with "false positives," political dissidents, those whom our friends and neighbours subjectively view as threats – have not yet, as far as the public is aware, caught any terrorists in the U.S.
Indeed, common sense should make us wonder how someone can be too guilty to fly and yet be too innocent to be charged. Should those who pose a threat to our security be kept off our flights, but be free to roam our streets?
To make matters worse, real terrorists may not even be placed on the list for fear of tipping them off; no kidding, this is the official U.S. position.
How can such a list provide anything more than a false sense of security while leaving it rife for blacklisting innocent people as well as racial and religious profiling?
The no-fly list will threaten many basic rights and leave little practical recourse.
Yes, in theory there is the office of reconsideration. But the inability to know whether you are on the list until boarding time, the potential use of secret evidence as well as the use of unreliable and illegally obtained information by foreign sources, will make it near impossible to get off the list in many cases.
This is based on a close review of the U.S. experience as well as the plight of individuals who are already encountering difficulties in flying within Canada without Ottawa even having an official list of our own yet.
The extraterritorial application of U.S. watch lists is already impacting us; how will we fare once we have our own list interacting with, confirming and/or merging with other lists?
Hasty and ill-considered national security initiatives, which are essentially aimed at managing public perceptions more than they are in really addressing legitimate and manageable security concerns, will not move us forward in the fight to disrupt terrorism.
It will only complicate the lives of innocent Canadians and increase the opportunity for religious and racial profiling.
No matter how vigorously it is denied, racial/religious profiling is too often the reality for a growing number among Canada's Muslim and Arab communities and certainly in the national security context.
The experience of many Canadians who have already been caught up in the web of watch lists, in areas other than flying – be it for opening bank accounts, wiring money, sending courier packages, etc. – does not bode well for the no-fly list.
And my package? The one that was flagged by "Flight Guardian?"
Well, I drove to a depot close to my office and sent it off – without using an account number and by paying cash.
So much for the security offered by a watch list.
Faisal Kutty, a Toronto lawyer (www.ksmlaw.ca) and doctoral candidate at Osgoode Hall Law School at York University, is also vice-chair and counsel to the Canadian Council on American Relations.
Email: faisal@ksmlaw.ca
URL: www.ksmlaw.ca
URL: www.faisalkutty.com
Globe and Mail – June 19, 2007
Canadian no-fly list grounds up to 2,000 people
Minister defends program critics say violates key rights
Gloria Galloway
As many as 2,000 people have secretly been declared security threats by government officials, including CSIS and the RCMP, and will be denied airplane boarding passes as a result of the Canadian no-fly list that went into effect yesterday.
Critics say the list must be scrapped because it jeopardizes fundamental human rights to privacy, liberty and the freedom of movement.
But Transportation Minister Lawrence Cannon says the new program, called Passenger Protect - which passed its first full day yesterday without any problems - has been thoroughly assessed to ensure it does not violate rights guaranteed under the Constitution.
"We've met with the civil-liberty groups. We've met with people who are interested in this file, whether they be air carriers or stakeholders or legal authorities. The Ministry of Justice has gone over this," Mr. Cannon said yesterday. "So, I'm quite satisfied that the regulations that were published are the right regulations."
There are "roughly between 500 and maybe 2,000" on the Canadian list, Mr. Cannon said. Compared with the U.S. list, which was compiled after the terrorist attacks of Sept. 11, 2001, "ours is much more limited in terms of the criteria."
But Faisal Kulty, who wrote a report for the Canadian Council on American-Islamic Relations that damns the list, said his group has identified at least nine different reasons why it should not be used. "They are actually putting people on a list, not telling them why, not having a hearing before they do it, and their Charter rights are being violated."
There is a presumption of innocence that is being removed here, he said. "You are guilty without being given an opportunity for any kind of process." …..
http://www.theglobeandmail.com/servlet/story/LAC.20070619.NOFLY19/TPStory/National
Gazette - – June 19, 2007
No-fly list needs safeguards
We have argued in this space that no-fly lists shouldn't exist at all. Either someone is charged with and convicted of a crime, in which case their movements are already restricted, or they should enjoy the same rights as any other citizen.
But now that Canada's Passenger Protect program has become a reality - the list went into effect yesterday - the debate should focus on the rules of the game. The no-fly list is still being fiercely contested. The Canadian Council on American-Islamic Relations, for instance, is the most vocal, fearing with justification that such a list is bound to single out Arabs and Muslims unfairly. Ottawa and spy agencies reply that after 9/11, the threat to civil aviation from Muslim extremist groups like Al-Qa'ida remains real and that it would be irresponsible not to implement such a system to protect Canadians who fly. It will require Canadian airlines to cross reference their flight passenger logs against the no-fly list to make sure people who are deemed to pose a terrorist risk are not allowed to board.
The U.S. no-fly list has been a debacle - and an abuse of power. The number of people prohibited from boarding airplanes in the U.S. went from 16 before 9/11 to more than 120,000; people are on the no-fly list who died years ago; a horde of unfortunate souls with the same first and last names as those suspected of security threats are hassled for hours each time they try to board an aircraft (often missing their flight). Dead Iraqi dictator Saddam Hussein is still on the list, and 14 of the 19 9/11 hijackers, etc.
We should learn from the U.S. example and not impose the same glitches, injustices and hardships on Canadians…..
http://www.canada.com/montrealgazette/news/editorial/story.html?id=71b25477-5fbd-45b2-8678-6a62ee10b211
Canadian Press – June 15, 2007
Muslims say list a no-go
The federal government should scrap the "no-fly" list until it fixes fundamental flaws in the program, said the Canadian Council on American-Islamic Relations.
"For a list that so severely impacts the civil liberties and mobility rights of the people -- that should be debated in Parliament," said spokesman Sameer Zuberi.
"That's why we're asking the government to scrap the list."
The Specified Persons list, which came into effect yesterday, is provided to all airlines that fly within or in and out of Canada, includes the name, date of birth and gender of anyone the federal government considers an immediate threat to aviation security.
Airlines are required to screen each person's name against the list before issuing a boarding pass and to ensure every passenger who looks to be 18 years of age or older carries one piece of valid government-issued photo ID or two pieces without photo.
Transport Canada officials say the list is meant to safeguard the security of airline passengers. However, passengers won't know until they check in at the airport whether they will be allowed to fly.
http://www.edmontonsun.com/News/Canada/2007/06/19/4272160-sun.html
Canadian Press - June 18, 2007
Ottawa should scrap no-fly list until flaws fixed:
CAIR-CAN
The Canadian Council on American-Islamic Relations says Ottawa should scrap the no-fly list, which came into effect today, until it fixes major flaws in the program.
Spokesman Sameer Zuberi says the Passenger Protect program is fundamentally flawed and that it must be debated openly in parliament.
He says the federal government must also change the process by which people can apply for reconsideration if their names are mistakenly placed on the so-called Specified Persons list.
Federal officials say the list, which is compiled with the help of the RCMP and CSIS, is meant to safeguard domestic airline passengers by identifying individuals who may pose an immediate threat to aviation security.
But the council, which has long criticized the list, says it lacks due process and could lead to racial and religious profiling.
Starting today, airlines are required to screen each person's name against the list before issuing a boarding pass and to ensure every passenger who looks to be 18 years of age or older carries one piece of valid government-issued photo ID or two pieces without photo.
http://www.canada.com/topics/news/national/story.html?id=85c620ca-fd7a-4e62-a3d6-96cc5d55523b&k=50487
|
