Removal From No-Fly Lists

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Process for Removal from the List may be Unconstitutional

The process involved in having an individuals name removed from the No-Fly List does not appear to meet the requirement for due process and may violate our constitutional rights under the Canadian Charter of Rights and Freedoms. The process is not transparent, and the individual has to provide evidence that he should be taken off the list, rather than the government having to prove he should be put on the list.

The process requires the individual to complete and submit the application form and wait for it to be reviewed by an independent advisor. Based on the report of the independent advisor, the Office of Reconsideration makes a recommendation to the Minister of Transport, who may either remove the name from the Specified Persons List, or confirm the advisor's decision, in which case the applicant remains on the List.

The instructions on the application form for removal from the List state: explain clearly why you believe your name should not be on the Specified Persons List. Do not limit yourself to the space provided on the form if you need more space to provide a full explanation, attach a separate piece of paper. Of course, because you are not told why you have been put on the list in the first place, it will be difficult to determine which evidence, and how much evidence, will be sufficient to refute the allegation that you are an immediate danger to aviation security.

The decision of the Office of Reconsideration is final. There is no right of appeal. However, the individual may seek judicial review of the decision in the Federal Court. The process for removing yourself from the No-Fly List is a complete reversal of longstanding rights and democratic principles, including the presumption of innocence and the requirement for procedural fairness. For more information on watch lists and border controls click here or more information on the Passenger Protect Program.

What if You Have Been Told You are on the No-Fly List?

If you have been prevented from boarding a flight under the Government of Canada's Passenger Protect Program, you can apply to have your name removed from the Canadian No-Fly List.

If you were delayed or prevented from boarding a flight and you believe it was because your name had been flagged or put on a watch list but you werent given an Emergency Direction under the Passenger Protect Program, this site may assist you in finding out more.

If you had difficulties travelling or find that your name is on a watch list or a no-fly list you may find additional resources at Watch Lists and Border Patrols.

The Watch Lists and Border Patrols web site is a joint project of several civil liberties associations doing research on the surveillance of travellers. They are documenting the number of people who believe they have been mistakenly or unfairly targeted, and the nature of the incident. The purpose is also to investigate and generate better public understanding of the practices, programs and systems used to screen travellers at Canadian airports and at Canada/U.S. border crossings in order to assess the scope and depth of their practical impacts on privacy rights and mobility rights.

Options for Making a Complaint

If you believe that boarding was denied due to an act of discrimination, you may file a complaint with the Canadian Human Rights Commission.
If you believe that you were denied boarding under the Passenger Protect Program because of an "act or thing" allegedly done by Canadian Security Intelligence Service (CSIS), such as the collection of information or the provision of advice to Transport Canada, you may file a complaint with the Security Intelligence Review Committee under section 41 of the Canadian Security Intelligence Service Act. You should know that the committee does not have the authority to investigate any complaints relating to an "act or thing" done by any other federal department or agency, such as Transport Canada.
If you believe that boarding was denied due to conduct of the Royal Canadian Mounted Police, you may file a complaint with the Commission for Public Complaints Against the RCMP.
You may choose to pursue the matter by way of judicial review in Federal Court.
You may make a complaint to the Privacy Commissioner of Canada.
You may also wish to talk to a lawyer - The Canadian Bar Association Lawyer Referral Service

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