The U.S. - The New No-Fly Zone for Record Holders

On March 23, 2011, “Bill C-42: An Act to Amend the Aeronautics Act” received Royal assent and became law in Canada. Prior to passage of the amendment, the Aeronautics Act already permitted airline operators to share passenger data with foreign agencies that govern an international flight’s destination. This new amendment extends this information sharing by allowing the airlines to share passenger data with US transportation authorities for any flight that enters US airspace, even if that flight never touches down on US soil.

So what does this mean for the traveling public in Canada? Practically speaking, it means carriers must comply with the US Secure Flight Program by providing Passenger Name Records (PNRs) to US authorities for passengers ticketed on flights originating in Canada that either enters US airspace or that have an emergency alternate landing site in the US.  The PNRs are provided to US authorities 72 hours in advance of departure for the purpose of screening against the Terrorism Screening Center’s No Fly List prior to boarding. If US authorities deem that a passenger represents a security risk, that passenger will be subject to additional screening and may be denied boarding.

There have already been documented instances of travelers being denied boarding in Canada as a result of this new legislation. Unfortunately there is little that the traveling public can do in advance of departure to ensure they do not run afoul of the new policies. If a passenger has an existing redress number issued by the Department of Homeland Security then providing that information at the time of booking should prevent problems on the day of departure, but for travelers who have never had problems before (and who would therefore not have a redress number), there now exists this additional source of concern that their ability to travel 

domestically or internationally is ultimately at the discretion of the US Government.

Travel Services should inform their clients of this change in regulation and suggest that a criminal record check, a U.S. Entry Waiver or a Canadian Pardon are services and rights that are available to all Canadians. 

The Benefit of Time – The Crime Bill and Harper’s Priorities

While Stephen Harper is preparing to recall Parliament, the anticipated whirlwind session will see a fulfillment of the Conservative’s legislative priorities. The return to the Commons is going to be framed using four broad priorities: the budget’s “low-tax plan for jobs and economic growth” to aid the recovery and their “low-tax plan for families,” including the budget’s tax cuts; legislation to crack down on elder abuse; slaying the deficit; and the omnibus crime bill.

Tabling the omnibus crime bill containing a rewrite of justice laws will fulfill their tough-on-crime agenda. This crime bill will be a bundle of 11 pieces of law-and-order legislation wrapped into one bill that the Conservatives promised to pass within 100 days of taking power.

The 11 justice bills that will comprise the omnibus crime bill would:

• Crack down on organized drug crime
• End house arrest for serious and violent criminals
• End house arrest for serious personal injury offences such as sexual assault
• Eliminate pardons for serious criminals
• Establish tougher sentences and mandatory jail time for sexual offences against children
• Strengthen the handling of violent and repeat young offenders (Sébastien’s Law)
• Give law enforcement and national security agencies up-to-date tools to fight crime in today’s high-tech telecommunications environment
• Give the government more discretion when considering requests to transfer Canadian prisoners to Canada from other countries
• Provide police and the courts more tools to investigate and prevent terrorism
•  Allow victims of terrorism to sue perpetrators and supporters of terrorism in Canadian courts
• Streamline long and complex trials

This pledge has recently been clarified as being 100 sitting days in the Commons. Thus, the crime bill could take until the fall to be made into law. Time then seems to be on their side, so to speak, giving the Conservatives a chance to review all its components and consider the consequences.

The Tories’ “Here for Canada” plan focuses on five key priorities:

• Creating jobs through training, trade and low taxes.
• Supporting families through our Family Tax Cut and more support for seniors and caregivers.
• Eliminating the deficit by 2014-2015 by controlling spending and cutting waste.
• Making our streets safe through new laws to protect children and the elderly.
• Standing on guard for Canada by investing in the development of Canada’s North, cracking down on human smuggling and strengthening the Canadian Armed Forces.

Will Mr. Harper be able to achieve his justice bill pledge, see the crime bill reach fruition in 100 sitting days? Or will the Conservatives, given the benefit of time to consider its ramifications, take a more gradual approach that allows Canadians to understand its impact more fully and to provide input.