The National Security and Intelligence Review Agency (NSIRA) has completed its review of Canada’s Passenger Protect Program (PPP), commonly known as the “no-fly list,” and how it’s managed under the Secure Air Travel Act (SATA). This program, overseen by the Minister of Public Safety, plays an important role in national security but also impacts people’s ability to travel. NSIRA’s review looked at the entire process, from how people are added to the list, to 90-day reviews of the list, actions taken when listed individuals try to fly, and ways to challenge their listing or get removed.
Why It’s Important: Balancing Security and Rights
It’s vital to review how security measures interplay with individuals’ rights. Since the Passenger Protect Program can prevent people from traveling by air, being unclear or inconsistent could lead to unfair treatment. A well-functioning program is crucial for public trust in both national security and individual freedoms.
NSIRA’s Findings: What’s Working and What Needs Improvement
NSIRA found that recent improvements to the Passenger Protect Program, like centralized passenger screening, have made the process more accurate, reduced errors, and improved security. Public Safety Canada has also generally made sure that people on the list aren’t unfairly restricted from traveling.
However, there are areas that need attention:
- Listing Decisions and Documentation
While everyone on the list met the necessary criteria at the time of their listing, NSIRA found issues in how decisions were made to keep people on the list. Sometimes, the reasons weren’t fully documented, which raises concerns about fairness. Some individuals were kept on the list without lawful justification. - Timeliness of the 90-Day Reviews
The law requires that the list be reviewed every 90 days. NSIRA found six instances where this wasn’t done on time. - Inconsistent Decision-Making Across the Program
NSIRA observed that decisions made when adding and keeping people to the list weren’t always consistent with decisions taken when listed people tried to fly or when listed people challenged their listing. There’s no system to review these different decisions to ensure they all align. Moreover, there is no clear guidance to departments regarding SATA-related threat indicators. - Coordination Between Departments
Public Safety Canada could improve its leadership and interdepartmental coordination function. Outdated frameworks and unclear roles make the program less effective.
NSIRA’s Recommendations: A Roadmap for Improvement
In light of its findings, NSIRA made ten recommendations aimed at ensuring a more principled, coordinated, and fair approach to managing the Passenger Protect Program.
Looking Ahead: Ensuring Fairness and Accountability
The review highlights progress in the Passenger Protect Program, including improved screening and better protections for travellers. However, it also identifies gaps in governance, consistency, and oversight, particularly regarding relisting decisions and the impact on travellers.