B.C. men challenge constitutionality of Canada’s secret no-fly list

Parvkar Singh Dulai says he received a “denial of boarding” notification under the no-fly program last May 17

Canada’s no-fly list faces constitutional challenges from two B.C. men who argue in a pair of court cases that the secret roster violates their Charter of Rights guarantee of fundamental justice.

The 12-year-old no-fly regime allows the federal government to bar someone from boarding an airplane because there are grounds to believe he or she would threaten the flight or travel to commit a terrorist act.

Under the system, air carriers must inform Transport Canada when a would-be passenger’s name matches that of a listed person. If the match is confirmed, the public safety minister can direct the airline to do additional screening or prevent the person from flying.

The names of listed people generally do not become public unless they take their cases to the courts. The government has repeatedly refused even to confirm the number of people on the list.

In a submission to the Federal Court of Canada, Parvkar Singh Dulai says he received a “denial of boarding” notification under the no-fly program last May 17 at the Vancouver International Airport.

READ MORE: Canada looks to United States for help on solving no-fly list headaches

He took steps to appeal the decision the next month and in August federal officials gave him an unclassified summary of information related to the case. Dulai was told the public-safety minister’s office would consider additional, classified information in the appeal.

Dulai received a letter in late January saying his name would remain on the no-fly list, prompting his application to the Federal Court.

He is asking the court for an order striking him from the roster or, at the very least, further examination of his case.

Dulai also seeks a declaration that the no-fly provisions violate his constitutional guarantee of freedom to enter, leave and travel within Canada, as well as his charter right “to know the case against him and the right to answer that case.”

Federal lawyers have not yet filed a response, and a spokesman for Public Safety Minister Ralph Goodale declined to comment while the matter is before the court.

Rights advocates have long found the no-fly program problematic, denouncing the listing process as opaque and the redress process as inadequate.

The Canadian Civil Liberties Association has criticized the system for allowing use of hearsay and secret evidence without access to a special advocate who can test that information or represent the interests of the listed person.

The court challenges from Dulai and another B.C. man, Bhagat Singh Brar, were first reported this week by the National Post newspaper.

READ MORE: Parents, Muslim group welcome budget’s $81 million for federal no-fly fixes

In his court filing, Brar says he was barred from getting on a plane at the Vancouver airport last April 24. He also went through the appeal process and a decision to keep his name on the list came in December.

Like Dulai, Brar argues the no-fly regime violates his mobility rights and fundamental justice guarantee under the Charter of Rights and Freedoms.

No dates have been set to hear the substance of either case.

Jim Bronskill , The Canadian Press

Like us on Facebook and follow us on Twitter.

Just Posted

Stampede Street Party endorsed financially by city council

A group of business owners and volunteers stepped up to organize the annual event

Lakecity plays host to North Central golf zones

For Pierce and Kerley, it was their first competitive golf tournament

Is vegan food a human right? Firefighter who fought Williams Lake wildfire says so

Adam Knauff says he had to go hungry some days because there was no vegan food

B.C. firefighters being deployed to Northern Alberta

The Chuckegg Creek fire has been burning for several days and thousands of people have been told to evacuate

Lakers Car Club cruising in style for 25th annual Spring Roundup May 25-26

The Lakers Car Club plans to mark its Spring Roundup in Williams Lake this weekend in style.

Killer of Calgary mother, daughter gets no parole for 50 years

A jury found Edward Downey guilty last year in the deaths of Sara Baillie, 34, and five-year-old Taliyah Marsman

Raptors beat Bucks 120-102 to even series at 2-2

Lowry pours in 25 as Toronto moves within two games of NBA Finals

Body of missing snowmobiler recovered from Great Slave Lake

Police confirm the body is that of one of three missing snowmobilers

Around $13.6 million of capital projects have been completed or committed in the 108 Mile Ranch area

A string of announcements was made at the 108 Mile Golf Resort for the near future of the community

Toddler seriously injured after falling from Okanagan balcony

RCMP are investigating after a two-year-old boy fell from the balcony of an apartment in Kelowna

Cost jumps 35% for Trans-Canada Highway widening in B.C.

Revelstoke-area stretch first awarded under new union deal

Winds helping in battle against fire threatening northern Alberta town

Nearly 5,000 people have cleared out of High Level and nearby First Nation

B.C. sends 267 firefighters to help battle Alberta wildfires

Out of control fires have forced evacuations in the province

Most Read