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

North Island Rising: Political polarization

This fall there will be a minimum of four candidates wanting your vote here on the North Island.

Bradshaw’s Photo Highlight: The last walk together

“I would give almost anything to be able to have another walk together”

North Island College holding information session on new culinary diploma

Get a sneak peek at the new culinary kitchen at the Campbell River campus

Council approves replacement of overhead heaters at Fire Hall

Port Hardy council has agreed to spend $11,000 on the replacement of… Continue reading

North Island Eagles minor rep hockey organization hand out year-end awards in Port McNeill

It was quite the season and then some for minor rep hockey here in the North Island.

B.C.’s fight to regulate bitumen through pipelines to go to Canada’s top court

BC Appeal Court judges found B.C. cannot restrict bitumen flow along Trans Mountain pipeline

Pacific Rim National Park Reserve investigating after sea lion found shot in the head

Animal is believed to have been killed somewhere between Ucluelet and Tofino

B.C. port workers set to strike on Monday in Vancouver

A strike at two container terminals would affect Canadian trade to Asia

Volunteers already rescuing fry from drying creekbeds around Cowichan Lake

It’s early but already salmon fry are being left high and dry

Prepare yourself for tick season, says Island Health official

2017 saw three reported cases of Lyme disease

So, they found ‘Dave from Vancouver Island’

Dave Tryon, now 72 and living in North Delta, will reunite with long-ago travelling friends in Monterrey, Calif.

Scheer says it would take Conservatives five years to balance budget

Scheeraccused the Liberal government of spending $79.5 billion of previously unbudgeted funds

B.C. man, 30, arrested for driving his parents’ cars while impaired twice in one day

The Vancouver-area man was arrested after officers caught him driving impaired twice in one day

Most Read