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'No-fly' list could blacklist innocents: critics

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CTV.ca News Staff

Date: Sun. Jun. 17 2007 11:12 PM ET

Canada's no-fly list takes effect on Monday, and the anti-terror move has at least one human rights group warning it could create another Maher Arar-like case.

"The list will invade privacy, it may be shared with foreign agencies, foreign governments," said Ayman al-Yassini of the Canadian Foundation for Race Relations.

Arar is a Syrian-born Canadian shipped to Syria by U.S. authorities in 2002 after he was taken into custody at a New York airport.

Syrian authorities tortured Arar during his 10 months in captivity, and he made a false confession to terrorist involvement. An inquiry fully exonerated Arar, but the U.S. continues to keep Arar on a no-fly list.

CSIS and the RCMP have compiled the Canadian list, which is designed to keep terror suspects off commercial flights in this country.

The RCMP supplied erroneous information to the U.S. about Arar.

For this list, the criteria include:

  • A person who is or has been involved in a terrorist group,
  • A person who has been convicted of life-threatening crimes against aviation, or
  • A person who has been convicted of one or more serious offences who may attack an air carrier

Transport Canada won't reveal how many names are on the list. People won't find out they're on the list until they show up at the airport.

"The biggest fear is citizens - Canadians -- going to the airport and (being told), 'You can't fly'. Why? 'We don't know. Your name's on the list'," said Sid Tan of the Chinese-Canadian National Council.

Air Canada told the Air India inquiry last week that it's concerned those passengers barred from flying could react badly.

"The situation could be very tense, and we need to have an authority figure in place to defuse that situation," Yves Duguay, director of security for the air carrier, said Thursday.

Passengers are supposed to be screened at airline ticket counters. Airlines will have to check each name against the list.

Passengers over 18 must carry one piece of government-issue photo ID or two pieces of non-photo ID. Starting Sept. 18, anyone who appears older than 12 must be carrying ID.

If a passenger's name pops up, the ticket agent will ask for permission to access their personal information from a database. They will cross-reference that person's date of birth, address and passport number. If they differ from the bad guy, they'll be free to fly.

The U.S. experience

Canada's list is supposed to be limited in terms of names, perhaps no more than 1,000. But some are worried it might eventually be merged with the U.S. list.

More than 100,000 people are on the U.S. no-fly list, including pre-schoolers, peace activists and -- for a time -- at least two Canadian MPs.

One of those MPs -- John Williams, a Conservative from Edmonton -- was told this spring he couldn't board a domestic flight because his name appeared on a U.S. no-fly list.

"For a while ... I did have a serious problem checking into an airport and getting an airplane ticket or boarding pass," he told The Canadian Press.

"I couldn't use electronic check-in. I therefore had to go to the counter," he said. "That person had to phone some number and even my passport being scanned wasn't sufficient to remove my name or give me a boarding pass."

Transport Canada said the list probably will be shared with the United States and that if people are mistakenly added, they can appeal.

In Williams' case, straightening out the problem took six weeks.

"Our civil liberties have been severely compromised since 9/11 in the U.S. and the current administration seems to be following the U.S. model," said Iranian-born Homayoun Vahidi, who has had problems entering the U.S. since 2002 even though he's lived in Canada for more than 20 years.

"It's a schmozzle of enormous proportions and nobody's got the political courage to take it down in the United States," said Jason Gratl of the B.C. Civil Liberties Association. "Why we're following suit with that is really beyond my understanding."

Those wishing to appeal their appearance on the Canadian list can contact Transport Canada's Office of Reconsideration.

Appeals can also be made to Canada's various national security agencies and ultimately to the Federal Court of Canada.

NDP Leader Jack Layton told CP that such appeals are beside the point.

"They're essentially forcing a citizen to correct the record if they've been mistakenly placed there and that can come after some considerable inconvenience and embarrassment and maybe worse.''

With reports from CTV's Rosemary Thompson, Dave Lefebvre and files from The Canadian Press 

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