Canada-U.S. plan to share no-fly list updates possible within days

The mother of an Ontario boy who has put up with manyunsettling airport delays says a Canada-U.S. plan to share no-flylists must include "adequate and transparent safeguards" to ensurechildren won't become entangled in an international security web.

KhadijaCajee'ssix-year-old son, Adam, had trouble boarding an AirCanada flight to Boston with his father Dec. 31 to see the NHLWinter Classic. A check-in counter computer showed the boy's namewith a "DHP" or "deemed high profile" label and instructions onhow to proceed before allowing the youngster to check in.

Soon after, it became clear dozens of other Canadian familieswere experiencing the same sort of headaches due to falsesecurity-list matches.

• Markham boy, 6, on no-fly list, parents say

• Adam Ahmed's mother contacted by dozens of families with similar stories

• No-fly list flags more Canadian toddlers as security risks

Public Safety Minister Ralph Goodale promised to investigate, andthe issue became a key element of Prime Minister Justin Trudeau'svisit to Washington in March.

Canada and the U.S. agreed to set up a joint Redress WorkingGroup within 60 days to help resolve errors of identity on no-flylists. In addition, the two countries said they would routinelyshare their respective no-fly rosters as part of a joint effort toidentify threats, something Goodale's office called "the firstagreement of its kind" on such lists.

An update on the plan could come within days.

The controversial anti-terrorism bill known as C-51 broadened thescope of Canada's no-fly program, known as Passenger Protect, toinclude travel by air for terrorism purposes, no longer justimmediate threats to aviation security. It also established thelegal authority for Canada to share its no-fly list with foreigngovernments.

'Historic partnership'

In an April 20 letter to Cajee, Transport Minister Marc Garneau --who helps Goodale administer the no-fly program -- says the plan toexchange lists is "built on a strong and historic partnershipbetween Canada and the United States and reflects the evolving andtrans-boundary nature of the threat to our two countries."

"This agreement will be critical in improving informationsharing in support of national security, so that a threat to one
country does not become a threat to the other," says the letter,which Cajee provided to The Canadian Press.

Garneau adds that ensuring the rights and liberties of Canadiansare protected "is one of my key priorities," and advice given bythe federal privacy commissioner's office has been crucial indevelopment of the agreement.

Cajee, of Markham, Ont., is frustrated that her son and otherchildren she has come to represent -- known as the No Fly List Kids --have continued to experience airport delays while clerks do identitychecks, even though the youngsters are obviously not securitythreats.

Goodale has reminded airlines that they don't need to vetchildren against Canada's no-fly list. The government is also
exploring possible regulatory changes that would help identify thosewho have similar or the same names as people on the no-fly list.

Cajee said the families look forward to "a more efficient andjust system which hopefully includes access to redress for innocentchildren." But the international dimension poses more worries.

"If this new system involves data sharing between countries, wewant to ensure that there are adequate and transparent safeguards inplace to guarantee that bad data will not result in our childrenbeing ensnared in an international system, part of which currentlyoffers no recourse for redress," Cajee added.

"The bottom line is, as a mother, I want my son to be guaranteedthe rights and freedoms granted to any other innocent Canadianchild. No more, no less."

It may be that the federal government feels it must share withthe U.S. to some degree if the planned Redress Working Group isgoing to make any headway in dealing with false matches, said WesleyWark, a historian and intelligence expert who teaches at theUniversity of Ottawa.

"It would be hard to imagine the RedressGroup working in any other fashion."

Canada should aim to ensure the Passenger Protect list remains aproduct of Canadian intelligence assessments and judgment, Warksaid. But he added that Canada has an interest in sharinginformation with the U.S. to address the problem of false positivesas well as keep track of extremists leaving North America to fightin foreign conflicts.

Following the March announcement, the office of federal privacycommissioner Daniel Therrien met with Public Safety and providedrecommendations on the text of the information-sharing agreement,said Tobi Cohen, a spokesman for Therrien.

"We understand that the text was being revised. Public Safetyhas committed to continuing to consult with our office and hasexpressed an openness to addressing the issues we've raised," shesaid. "We aren't in a position to offer details because thenegotiations between Canada and the U.S. are ongoing."