B.C. pair on Canada's no-fly list lose appeal, court sees 'reasonable grounds' for terror concern
The Federal Court of Appeal has thrown out a bid by two men to get off the country's no-fly list after they weren't allowed to board planes in Vancouver in 2018, with the court ruling there were grounds to suspect they would commit terrorism.
In a ruling this week, the court dismissed an appeal by Bhagat Singh Brar and Parvkar Singh Dulai after they lost a constitutional challenge of their no-fly designations under Canada's Secure Air Travel Act.
The ruling says the act empowers the public safety minister to ban people from flying if there are "reasonable grounds to suspect they will threaten transportation security or travel by air to commit a terrorism offence."
Under the Secure Air Travel Act, the minister can direct an airline to order an "enhanced security screening" of a listed individual or "prohibit the person from flying," the ruling says.
"At some point, the appellants tried to fly. They could not," the ruling says. "They were on the list and the minister had directed that they not fly."
The appellate panel found that based on confidential security information, the minister "had reasonable grounds to suspect that the appellants would travel by air to commit a terrorism offence."
In 2019, Brar and Dulai went to the Federal Court of Canada to have their names struck from the list.
But Justice Simon Noël ruled against them both in 2022. The limits imposed on Dulai, he ruled, "were the result of evidence-based suspicions that he could fly abroad in order to plot a terrorist attack."
"The Government of Canada must enact laws that protect national security and intelligence activities in a way that respects rights and freedoms and encourage the international community to do the same," Noël ruled. "Protecting national security is a pressing and substantial objective."
In their appeal, both Brar and Dulai argued the impairment of their rights as a result of being placed on the list was not "minimal" and therefore unjustified.
But the appellate court ruled the legislation was justified and that confidential portions of the court process were procedurally fair.
The Secure Air Travel Act deals with "national security, international relations and global co-operation to prevent terrorism" and is "not directed to past events that are tangible, certain and known," the appellate court found.
"Rather, it is forward-looking, designed to act preventatively, proactively and pre-emptively to deal with perhaps imprecise but nevertheless very real risks of harm to property, public safety and human life," the ruling says. "Several of its features show careful tailoring to minimize the impairment of rights and freedoms."
Judge David Stratas, who wrote for the three-judge panel, says while the courts need to protect rights, the stakes for government are "sky-high" for security and terrorism prevention, which warrants giving Parliament "some leeway."
Lawyers for Brar and Dulai did not immediately respond to requests for comment on the court's ruling.
In 2019 submissions to the Senate Standing Committee on National Security and Defence, the Canadian Civil Liberties Association warned of a "dangerous lack of due process" baked into the Secure Air Travel Act's appeal framework.
In its submission, the association said the act sets the standard "low" for the minister to add someone to the no-fly list, and their ability to challenge the listing is "defective."
"Proceedings may take place in secret, appellants are only provided a discretionary summary of the intelligence and evidence used against them (which may include hearsay), and the judge is empowered to rely on evidence and information which has not been provided in that summary," the association said. "The appellant’s right to be heard is not meaningful if she or he does not know the case to meet."
This report by The Canadian Press was first published June 20, 2024
CTVNews.ca Top Stories
TREND LINE Trudeau Liberals 'under siege' across the country, with Conservatives cracking red 'fortresses' like Toronto and Vancouver: Nanos
Hot on the heels of the Conservatives’ stunning byelection victory in the riding of Toronto—St. Paul’s, new seat projection data from Nanos Research show ridings considered previously safe for the Liberals are increasingly up for grabs.
New charges against Frank Stronach involve 7 additional complainants: court documents
Billionaire businessman Frank Stronach stands charged with sexually assaulting seven additional complainants from 1977 to as recently as February, court documents filed Friday show, bringing the total number of accusers in his case to 10.
Ontario MPP removed from PC caucus over 'serious lapses in judgment'
Premier Doug Ford has removed a member of his caucus due to what he’s describing as 'serious lapses in judgment.' In a statement released Friday morning, the premier’s office said MPP Goldie Ghamari had been removed from the Progressive Conservative caucus 'effective immediately.'
Is homemade sunscreen safe to use? Here's why it's 'a horrible idea,' according to experts
If you could make sunscreen with items found in your kitchen pantry, should you do it? Posts from social media influencers and bloggers including recipes to make your own sunscreen have been wildly circulated online, but the dermatologists who spoke to CTVNews.ca call it a 'horrible idea.'
Need multiple alarms to wake up in the morning? Here's what could be happening, according to experts
If you are clogging your clock app with multiple morning alarms, you’re setting yourself up for a groggy morning, experts say.
'His heart still beats on': Young track star remembered for giving the gift of life
Not a day goes by when Scott and Amanda Cadman don’t think about their son Kirk.
Biden concedes debate fumbles but declares he will defend democracy. Dems stick by him ─ for now
U.S. President Joe Biden forcefully tried on Friday to quell Democratic anxieties over his unsteady showing in his debate with former President Donald Trump, as elected members of his party closed ranks around him in an effort to shut down talk of replacing him atop the ticket.
Russia to prepare a 'response' to U.S. drones over Black Sea
Russia's defence minister ordered officials to prepare a 'response' to U.S. drone flights over the Black Sea, the ministry said Friday, in an apparent warning that Moscow may take forceful action to ward off the American reconnaissance aircraft.
Fines related to neighbour's 443 noise complaints at centre of B.C. dispute
A B.C. condo owner who was fined tens of thousands of dollars over hundreds of noise complaints made by his downstairs neighbour was partially successful in having the penalties overturned.