Federal Appeal Court Dismisses Charter Challenge for Individuals on Canada’s No-fly List

June 20, 2024 TruthUSA

The Federal Court of Appeal has rejected the attempt of two individuals to be removed from the country’s no-fly list after being denied boarding on flights in Vancouver in 2018.

In a recent decision, the court dismissed an appeal by Bhagat Singh Brar and Parvkar Singh Dulai following their unsuccessful constitutional challenge of Canada’s Secure Air Travel Act in the lower court.

The court ruling states that the act allows the public safety minister to prohibit individuals from flying if there are “reasonable grounds to suspect they will threaten transportation security or travel by air to commit a terrorism offence.”

Both Mr. Brar and Mr. Dulai argued in court that their placement on the list violated their Charter rights, but the court ruling concluded that the legislation was justified and that the confidential aspects of the court proceedings were conducted fairly.

According to the ruling, the minister had reasonable grounds to suspect that the two men would engage in air travel to carry out a terrorism offence based on confidential security information.

Judge David Stratas, writing for the three-judge panel, emphasized the importance of balancing rights with the government’s responsibility for security and terrorism prevention, stating that Parliament should have some flexibility.