Strengthening Aviation Security Act

An Act to amend the Aeronautics Act

This bill was last introduced in the 40th Parliament, 3rd Session, which ended in March 2011.

Sponsor

John Baird  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Aeronautics Act so that the operator of an aircraft that is due to fly over the United States in the course of an international flight may provide information to a competent authority of that country.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

March 2, 2011 Passed That the Bill be now read a third time and do pass.
Feb. 7, 2011 Passed That Bill C-42, An Act to amend the Aeronautics Act, as amended, be concurred in at report stage with a further amendment.
Oct. 26, 2010 Passed That the Bill be now read a second time and referred to the Standing Committee on Transport, Infrastructure and Communities.

Strengthening Aviation Security ActGovernment Orders

October 19th, 2010 / 4:20 p.m.
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Liberal

Andrew Kania Liberal Brampton West, ON

Mr. Speaker, I am happy to speak to Bill C-42 today. I would like to start with an analysis of the title: strengthening aviation security act. My question, given that this is how the government has entitled it, is how does this strengthen Canadian aviation security? How does it strengthen Canada? How does it strengthen the safety of Canadians going on such flights? My suggestion is that it does not in any way.

First of all, under the existing law we can already have airlines disclose the information of persons travelling on planes when they are landing in foreign countries. That is perfectly reasonable. Every sovereign state has the right to know who is coming into their country. I would expect no different for Canadians or any other country.

The government is now essentially trying to amend it so that if flights are going over a foreign jurisdiction, and let us be clear that we are talking about the United States and this is why we are having this discussion at all, if flights are going over the United States, even if they are not landing in the United States, private information on Canadians will have to be disclosed. How does it strengthen Canadians or in any way live up to the descriptive “strengthening aviation security act”? How does it strengthen aviation security for the benefit of Canadians to disclose this information when the flights are not landing in a foreign jurisdiction, period, and they are not landing in Canada? How is it even logical to say that this is strengthening protections for Canadians?

I would like to take a particular example in terms of our sovereignty. It is one thing to say in the circumstance of flights going over the United States and landing in some other foreign jurisdiction that information has to be disclosed. It does not strengthen anything for Canadians and it is still problematic, but that example needs to be compared specifically to the example of a flight leaving Toronto and landing in Vancouver. So if a flight goes over the United States to go from one Canadian jurisdiction to another Canadian jurisdiction, there are multiple concerns.

First of all, once again, how does this strengthen the safety of Canadians? It is not logical. It is not reasonable. It just makes no sense. Second, how is it that the Conservative government is willing to give up sovereignty, willing to give up privacy concerns, when there is a flight originating specifically, as this example indicates, in Toronto and landing in Vancouver and never landing in the United States? Please explain how that in any way strengthens the safety of Canadians.

Also, this is not even logical. How does that strengthen the safety of Americans?

Canadians need to know that the Conservatives are willing to give up our sovereignty. A flight from Toronto going to Vancouver never leaves the grasp of Canadian jurisdiction. At all times that flight will be governed by Canadian law. Those passengers will never get onto foreign soil. It is Canada--Canada, going over the United States, yet in those circumstances the Conservative government is willing to give up our sovereignty by giving private information about those passengers to a foreign government when those passengers will never set foot on foreign soil. How is that logical? It is not logical. We all know it is not logical.

The only thing that seems obvious is twofold. One, the Conservatives are not very good negotiators when it comes to foreign relations, and I will give a couple of examples that we have all been speaking about already. But two, for whatever reason, although they can be tough on Canadians and have no problem with not helping people through EI and various benefits, and when it comes to social and economic issues in Canada they have no problem being tough there, how can they not be tough when it comes to a foreign country, and particularly in this instance, the Americans? What are they afraid of?

We are a partner in Afghanistan. We are the Americans' largest trading partner. They trade 25% to one third, depending on the current statistics, to Canada. We trade 80% to the Americans. We are their largest exporter of oil and energy.

The Americans need us just as much as we need them. Why do we have to be afraid of them? If there is a reasonable request, as with any friend, we negotiate, we say yes and we work it out. However, when the request is not reasonable, we say no, we give our reasons and be respectful.

Once again, how does it strengthen and protect Americans to give information when the flights are going from Canada or to Canada or from Canada to a foreign jurisdiction? The only thing I can think of is perhaps, in addition to other concerns, the Americans do not trust the Conservative government, despite the fact that it has spent a lot of money, some people say billions, on screening mechanisms and other initiatives. Does that not work? It is not good enough? Does the government admit that they are not working, that the initiatives are broken, or that it has not spent enough money or it has not drafted legislation or regulations properly?

Why does this have to take place? Why do the Americans not trust the Conservative government to ensure that persons boarding Canadian flights will not be a risk? If the government's position is that the Americans should trust us, then, by definition and logically, its position should be they are overstepping their reach and we should simply say no in these circumstances.

On foreign affairs, I would like to know what specific negotiations have taken place between the Conservative government and the American officials on their request of Canada and Canadians. Why can the Conservative government not convince the Americans that the steps it has taken to increase airline security in Canada are good enough? Why does this private information need to be disclosed? Maybe the Americans cannot be convinced or maybe the steps are not good enough. It is the government's onus to tell us why the security measures in Canada are not good enough that we would need to then disclose to a foreign jurisdiction this private information. Frankly, Canadians deserve better.

We have the recent example of losing Camp Mirage. We have the case of the security council seat. When I was in my riding of Brampton West over the break week, I received a lot of calls from people who were both upset and embarrassed that we had lost that security council seat because of, as many commentators have written, the foreign policy of Canada was no longer Canadian. Our foreign policy is not what the world expects and has become used to, a progressive and involved one. What we have is a American republican foreign policy, which does not bode us well in the international scene.

In addition to the weakened sovereignty and to the fact that the amendment to the statute is not logical, we have other concerns.

At the transport committee on May 11, as has been mentioned earlier, the assistant privacy commissioner, Chantal Bernier, stated that, the United States would retain this information for as long as 7 days to 99 years. She also added:

—our understanding is that information collected can be disclosed and used for purposes other than aviation security, such as for law enforcement and immigration purposes.

Once the Americans have the information, they will use it for whatever they so choose.

Let us look at why this is a concern. What if the Americans decide they are providing information to other countries? Not all countries are equal, but the Americans are our good friends, and that is fine. However, what about other countries across the world to which Canadians would not want their personal information disclosed? What if we have Canadians who have been naturalized, who have come from foreign countries, who were refugees, who were persecuted, who were in some way hurt, whose families were hurt, who have families remaining in those countries that could be subject to blackmail or harm?

Once this information is out and the Americans have it and they choose to disclose it to a third country, Canadians could be at risk and for no logical or rational purpose. The fact that the Conservative government wishes to disclose this personal information in those circumstances could be harmful to Canadians who have come from other countries, specifically refugees who have been naturalized. This is a serious concern.

What about the precedent that this would create? The Americans are our good friends, but if we give them everything they want just because they ask—

Strengthening Aviation Security ActGovernment Orders

October 19th, 2010 / 4:35 p.m.
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Conservative

Brian Jean Conservative Fort McMurray—Athabasca, AB

It's their land.

Strengthening Aviation Security ActGovernment Orders

October 19th, 2010 / 4:35 p.m.
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Liberal

Andrew Kania Liberal Brampton West, ON

I hear the parliamentary secretary saying “it's their land”. It is not their land. A flight between Toronto and Vancouver never lands on foreign soil. It is always under the jurisdiction of the Canadian government.

Let me get back to the precedent. Once we give our American friends whatever they want, even when it is not logical, what if other countries then ask? England is our good friend too. What about other countries that perhaps are not so reputable? Where are we going to draw the line? Who are we going to insult? Are we going to have diplomatic incidents or visa restrictions imposed on Canadians like what happened with Mexicans? How is the government going to guard Canadians from future foreign and diplomatic problems? The government will have less discretion to simply say no to this kind of request when it says yes to whatever the Americans ask for.

I would like members to look at the name of the act once again. It is called the strengthening aviation security act. I would ask the Conservative government to explain how this act and the amendments in particular would strengthen the protection of Canadians and protect Canada's sovereignty.

We are members of Parliament in Canada. We are not American senators or members of the House of Representatives. We have an obligation to Canadians to sometimes say no to our very good friends when they overreach.

Strengthening Aviation Security ActGovernment Orders

October 19th, 2010 / 4:35 p.m.
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NDP

Carol Hughes NDP Algoma—Manitoulin—Kapuskasing, ON

Mr. Speaker, I hope, based on my colleague's comments and his colleague's previous comments, that they and their party will vote against this bill.

We are talking about a bill that would change the Aeronautics Act so that every time someone buys an airline ticket all the information given to the travel agent will be sent to the security agency. The law would implement a number of secret treaties that the government has recently signed with other nations. The government has signed or is negotiating secret treaties with Mexico, Brazil, Argentina, Chile, Panama, the Dominican Republic, the European Union and the United States.

The Conservative government likes to conjure up fear. The Conservatives try to get people to believe that they need to change the laws here because they are at risk. They need to build more prisons because there are criminals out there who they are not aware of and who need to be put in jail.

There is a problem with the bill with respect to the retention of the information. Not only would we be giving out information to people we do not even know, but we would not have the opportunity to tick a little box saying that we allowed the information to be given out. That is quite problematic.

I also want to touch on his colleague's comments a while ago, because he talked about body scanners. To me, body scanners are an invasion of privacy. Not only are they an invasion of privacy, but we do not know how much radiation goes through those scanners and we go through them all the time. It is just like the Wi-Fi study that we are doing right now.

Does my colleague believe that Canadians would be at risk, that they could be targeted as a result of the information being provided?

Strengthening Aviation Security ActGovernment Orders

October 19th, 2010 / 4:35 p.m.
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Liberal

Andrew Kania Liberal Brampton West, ON

Mr. Speaker, first, I want to make it absolutely clear that I am in favour of all security measures that protect Canadians and any airline traveller. The point of this conversation today is whether this bill is logical and whether it actually protects anybody.

When it comes to her question, we do not know, but that possibility exists. If this information goes to the Americans, they are allowed to use it for whatever they wish. They are no blocks in terms of how we can control that. If they provide that information to a foreign country or once the precedent has been established by the Conservative government to essentially give other countries whatever information they want on Canadians, and they do that with other countries that may be a risk, yes, that potential for putting Canadians at risk is certainly there.

I use the example in particular, because I deal with constituents of mine who came to Canada as refugees. If people become a refugee in Canada and they actually get to stay in Canada under that, there is some problem because they have been at risk in some way in their host country. If they wish to go back and visit family members, or go to neighbouring countries, or whatever it may be, or they have family members who remain, even if they are not going there, in some way we do not wish to harm either those individuals who are now Canadians or their families, so the risk exists. In a free and democratic society, we always have limits, but those limits need to be based on reason. We cannot simply provide limits to the protections and freedoms of Canadians because the Americans or another country say so. We need to do it based on logic.

In these particular circumstances, I am still waiting for the explanation from the Conservative government as to how these amendments to the statute would actually protect Canadians as opposed to simply just giving in to our American friends.

Strengthening Aviation Security ActGovernment Orders

October 19th, 2010 / 4:40 p.m.
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Fort McMurray—Athabasca Alberta

Conservative

Brian Jean ConservativeParliamentary Secretary to the Minister of Transport

Mr. Speaker, I can assure the member opposite that I would trust the rule of law that is imposed in Canada and the United States over almost any other nation in the world. I would suggest, first, I trust in the rule of law that is applied in North America by the court system that is independent and impartial.

However, as far as the fearmongering by the members opposite in relation to domestic flights that were, in part, negotiated to be excluded from this, I ask the member to check who negotiated that. Was it the previous Liberal government? No. It was this government that negotiated with our southern neighbours on many aspects of this and other treaties to make Canadians safer.

The member asks how will this make Canadians safer. I think it is clear from what happened in 9/11 that we are all subject to terrorism. We in this Conservative government will keep Canadians safe by negotiating and also sharing information that will otherwise put Canadians in peril. Let us be clear. Terrorism knows no boundaries. This government will keep Canadians safe.

As far as insulting our American neighbours, I ask that member go back in time to a national TV broadcast where one of the Liberal sitting members of Parliament stomped, jumped up and down, on a figurine of the United States president at the time. I am sure that did a lot to help our friendship with the United States, since the Liberals were in government at the time it took place. What happened to that member? Zero, zip. She continued to sit in the House and the Liberals did nothing.

Strengthening Aviation Security ActGovernment Orders

October 19th, 2010 / 4:40 p.m.
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Liberal

Andrew Kania Liberal Brampton West, ON

Mr. Speaker, I have respect for my hon. colleague, but when I ask him to have the Conservative government describe how this legislation would protect Canadians, I do not think the most logical argument is that a number of years ago some member of Parliament stepped on a doll. I suggest that is window-dressing and rhetoric as opposed to answering the question.

When the member speaks about a previous government's bill, once again, that is window-dressing and rhetoric, since it is the Conservative government's bill, Bill C-42. This bill seeks to put these onerous restrictions on the privacy of Canadians by letting the Americans know all about these people on the flight, even the ones who are flying just across Canada.

For him to suggest somehow that his rational, logical argument in favour of the bill is doll stamping or that some years before somebody introduced some other bill, which is not the one we are discussing, that is not a rational response.

Strengthening Aviation Security ActGovernment Orders

October 19th, 2010 / 4:40 p.m.
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Liberal

Paul Szabo Liberal Mississauga South, ON

Mr. Speaker, the member has brought to the debate something fundamental about what the object is of this legislation, the strengthening aviation security act.

We do have a passenger protection program. The Privacy Commissioner issued a report in 2009 which concluded that there are even some problems with regard to the Canadian system of protection of that information, but that is the program under which passenger protection is covered.

This is not just about Canada and the U.S. This is about any country in the world that happens to have legislation requiring this information. For instance, if a flight left Canada and flew over Pakistan but did not land in Pakistan, the Pakistani government could say that it wanted to know the name of everybody on that plane, without having some sort of reciprocal requirement or objective. It really could get ugly and complicated as to how to coordinate all that information when there may be no contact between that plane and the government.

If a foreign government does enact legislation requiring information for aircraft flying over its land, how do we comply without--

Strengthening Aviation Security ActGovernment Orders

October 19th, 2010 / 4:45 p.m.
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Conservative

The Deputy Speaker Conservative Andrew Scheer

I will have to stop the member there because there is only a minute left for the member for Brampton West to respond.

Strengthening Aviation Security ActGovernment Orders

October 19th, 2010 / 4:45 p.m.
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Liberal

Andrew Kania Liberal Brampton West, ON

Mr. Speaker, that is the point exactly. The point is that because the government will not, in a respectful and friendly way, stand up to our American neighbours, we are creating the precedent to put Canadians at risk because of the legislation that may be in force now or in the future in terms of foreign countries.

The hon. parliamentary secretary made a point that I wish to address further. He suggested that in some way this is going to help security. I will again ask a question that he did not answer. How is it that he believes this legislation is necessary? Have they not done enough to protect Canadians through the security measures that we have in Canada? That is the true question.

Strengthening Aviation Security ActGovernment Orders

October 19th, 2010 / 4:45 p.m.
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Conservative

The Deputy Speaker Conservative Andrew Scheer

Before moving on, it is my duty, pursuant to Standing Order 38, to inform the House that the questions to be raised tonight at the time of adjournment are as follows: the hon. member for Vancouver Quadra, Offshore Drilling; the hon. member for Gatineau, Official Languages; the hon. member for Etobicoke North, Health.

Resuming debate, the hon. member for Elmwood--Transcona.

Strengthening Aviation Security ActGovernment Orders

October 19th, 2010 / 4:45 p.m.
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NDP

Jim Maloway NDP Elmwood—Transcona, MB

Mr. Speaker, I am very pleased to speak to Bill C-42.

I do not think we can trace this one back a number of years with different bill numbers because this bill was introduced on June 17, the last day of the spring sitting, as the member for Eglinton—Lawrence said.

To wit, the new transport critic for the opposition, the member for Markham—Unionville, made his presentation this morning. He said that he had only seen this bill two days ago. I believe he said he thought it looked okay and was good enough to be sent to committee where we would have to study it and improve it. Then the Bloc critic, who I believe is also new to the transport committee, also made a speech. He seemed to think the bill was ready for committee, as well.

Now after question period we have a new round of speakers. We had two very good speeches from members of the official opposition who seemed to be on the other side of the bill.

Given that we only have another 45 minutes of debate today and given that all the parties will be having their caucus meetings tomorrow, it might be a good idea for members of the Liberal Party to revisit their position on this bill. If the critic is seemingly in favour of the bill and two other learned speakers for the Liberal Party are against it, clearly they have an issue to resolve within their caucus.

I would also say that the government might take heed here and look at taking a second look at this bill before it is defeated. Perhaps they could withdraw it and come back with a better solution.

Earlier today I asked the parliamentary secretary whether or not any efforts had been made in the area of reciprocity. On a world basis we only have to look at the drama which has been unfolding over the last week in the fight with the United Arab Emirates. The United Arab Emirates have said that it is going to kick Camp Mirage, our staging base, out of the country in the next 30 days or so because Canada will not let Emirates airlines land any more flights in Toronto than are landing now.

Clearly there is a linkage in this discussion between Canada and the United Arab Emirates. This issue has now become public. There is a tie-in between the base and whether the United Arab Emirates is allowed to fly more flights to Canada. Let us not kid ourselves, every international issue has similar aspects to it. This issue would be no different.

The member for Western Arctic, our long-time critic on transport, told me this morning that roughly 2,000 flights originating in the United States fly over Canada per day, in Canadian airspace. If we multiply that number by the average number of passengers per plane, that is a lot of people on flights in Canadian airspace every day, going to Europe and other places around the world. In contrast, the number of Canadian flights flying in American airspace per day, according to the member for Western Arctic, is only in the 100 range.

The question we have to ask is would a government that was on the ball, looking out for Canadian passengers and Canadian airline interests not try to drive a harder bargain and try to negotiate? It could say that if we are going to provide the information on a 100 flights per day, which would add extra costs to our airlines and to our government, then we want the United States to reciprocate and provide us with the information on that country's 2,000 flights per day. After all, our airspace is sovereign, too. Quite frankly, we also want to know who is flying in our airspace. That is what it really boils down to.

For a number of years the United States, and I think other countries too, have demanded a list of passengers prior to their boarding an airplane. Even before 9/11, I remember when I was going to Australia, before boarding the plane in Vancouver, the passport information had to be processed.

I believe a lot of that had to do with the whole issue of refugees getting on a plane, flushing their documents down the toilet and arriving in a new country without any documentation. It is the airline that is responsible for the costs of flying the people back. That has been an issue with the airline industry for a number of years. The airlines resent that they have to pay the costs of transporting people back when the new country refuses to take them. They want to make sure they have all the information and get what is known as pre-clearance for passengers.

After many years of allowing airlines to fly over our territory, things are being taken to a whole new level in saying that we are not satisfied with the airport screening devices, the locked cockpits and the air marshalls on board and we now want to know at any given time who is actually sitting in those planes in our airspace. That is what I believe is behind this situation.

What do the Americans think is going to happen? Do they think that somebody is going to blow up an airplane while flying in American airspace? Is that what they are thinking? I am not really sure what the rationale is. The fact of the matter is that regardless what the demands are from the Americans, the Canadian government has a responsibility to the Canadian public to reciprocate, to say that if the Americans want our information, we will take their information, and to negotiate what types of information we want to collect and whether it is worthwhile collecting.

For some time we have been talking about the value of keeping the no-fly list. Senator Ted Kennedy was on the no-fly list. I know the member for Winnipeg Centre would be very motivated to stand and speak to this topic because his name was on a no-fly list and he had to sort it out. He was sorting it out with a government that has a series of rules that do not allow him to sort out the problem. That is my point.

People get tied up in knots. Senator Kennedy got tied up in knots trying to get his name off the no-fly list. The member for Winnipeg Centre tried to get his name off the no-fly list when his name should not have been on it in the first place.

Then there is the situation where a person gets on an airplane and literally breezes through all the security measures that have been put in place.

I think we all remember on December 25, 2009 there was the situation of a 23-year-old, Umar Farouk Abdulmutallab, everyone knows that name, who got on an airplane in Lagos, Nigeria and flew to Amsterdam and then Detroit. He committed all the sins that are supposed to be picked up.

This is what he did. He bought a round-trip ticket with cash. In the old days it used to be one way, but the geniuses running our security services finally figured out that people should not be buying one-way tickets with cash. That was a sure sign something could go wrong. He bought a round-trip ticket with cash.

Umar Farouk Abdulmutallab was flying to Detroit at Christmas where there was a lot of snow but he had no carry-on baggage at all. He flew from Lagos into Amsterdam Schiphol which is the ultimate in secure airports. It has every type of screening device that one could imagine and this guy boarded a plane without a passport. This is yet another big breach.

We have spent untold billions of dollars developing a system to ensure the member for Winnipeg Centre cannot get on a plane, to ensure Senator Kennedy cannot get on a plane, to ensure a six-year-olds cannot get on a plane and tied ourselves up in knots, and yet this young 23-year-old makes fools of us all and walks right through the system. Had it not been for his own incompetence, he would have killed several hundred people.

We clearly need to start looking at security in a smarter fashion than we do right now. I go to a number of cross-border meetings with American politicians and the whole issue of toughening the border is always raised. We hear how we are torturing ourselves and torturing our own citizens because the bad guys are not lining up at the border. When crossing the Manitoba border at Emerson or a Saskatchewan border point, the people who are smuggling marijuana and drugs across the border are not lined up in their car taking this stuff across the border. They are walking the drugs or driving snowmobiles across the border.

If all the local politicians and residents in South Dakota and North Dakota know that and Manitoba and Saskatchewan know that, why are we continually trying to toughen the border? That is the thinking in Washington. The unfair misrepresentation of Canada for several years has been that the terrorists came through Canada. I know the government has had to fight that, as we all have when we are down there on trips. We need to make it clear to the Americans that none of the 9/11 terrorists came through Canada. I know it is a hard battle.

If the government is going to involve itself in negotiations with the Americans, it should at least stand up for the Canadian side of the arguments and try to argue at least reciprocity. The government should not introduce a bill in the House and somehow unilaterally say that it will start providing this information or that information to third countries. We do not even know how much information will be transferred. There is some discussion that somehow information on the PNRs will be transferred. I do not know if that is the case and I do not know what the information is in total on the PNR.

I can say that if a name is misspelled by one letter on a ticket, it is possible for the agent to correct that by simply putting a note on the PNR. There are all kinds of notes on customers' PNRs on a whole range of things. Therefore, if that is the information that is being passed on, then all of these notes are presumably being passed along with the information already there.

In addition to that, we presume that the Americans have access to passport information. I know that when Manitoba brought in the new drivers' licence-like passports, there was a big argument about how private the information would be and how much information would be provided to the American authorities.

I think the public wants to be safe and, if they understand that the information being provided is safe and they know there is a good reason for the information, they probably would be willing to give up that privacy issue in favour of being safe on the airplane. However, the history so far has not proven that to be the case.

It is almost like the Keystone Kops. We read stories about six-year-olds and eight-year-olds being on the no-fly list and then we have the Abdulmutallab situation where the guy walks through all our defences. After what he did last December, we had to put in full body scanners that cost several hundred million dollars a piece. We then find out that those scanners will not solve the problem because smart terrorists will simply hide the plastic explosives in body cavities.

Body scanners, which have been installed in some airports but it will take another 10 or 20 years to have them in all the airports, do not pick up on explosives that are put into body cavities. Guess what? That is what the terrorists will move on to and now we need to deal with that issue.

There is one airline alone in the world that has dealt successfully with the whole issue of terrorism and it is the safest airline in the world on which to fly. I flew EL AL Airlines a number of years ago, but at the time, in 1970, EL AL was probably the most unsafe airline in the world. It had several skyjackings. I believe it had planes blowing up in the Sinai desert in 1970. After that point, the Israeli government and the EL AL officials changed the way they dealt with security.

When I went over there in 1987, it was a totally different experience than flying with a Canadian or American carrier. They put people through a three-hour interview and examination process. They did not stop with just checking people's bags to see how much liquids they had in their bags. They actually asked people what they were going over there for. They more or less did a type of psychological profile on people.

When we discussed that issue with the Americans, they said that it would not work there. They said that in order to balance the need to move masses of people very fast, they had to sacrifice a little on safety.

I now want to deal with the issue of the trusted shippers program. I was totally shocked and surprised to find out that there are 1,000 trusted shippers in either North America or the United States who can ship things. These people are shipping packages that are sitting in the cargo hold of the planes and a very small percentage, if any, are being scanned, tested or checked. It is an absolute disaster waiting for a place to happen.

The whole business of the trusted shipper program must be looked into and tightened up on because sooner or later somebody will put a letter or a package through this trusted shipper program with an explosive device and we will be reading about the terrible horror story and asking why we did not do something in advance.

The government should be spending its time on trying to make flying safer than it is right now.

Strengthening Aviation Security ActGovernment Orders

October 19th, 2010 / 5:05 p.m.
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Fort McMurray—Athabasca Alberta

Conservative

Brian Jean ConservativeParliamentary Secretary to the Minister of Transport

Mr. Speaker, I heard quite a bit of misinformation and lack of facts coming from the member opposite. However, I have several questions for him.

Did the member know that this government asked for and received an exemption for domestic Canadian flights flying through U.S. airspace? That means Toronto to Vancouver, an exemption. This government got that exemption from the United States.

Did he know that this legislation only facilitates the sharing of information for flights to the United States or over the United States sovereign airspace to a third country?

Did he know that if passed, the information that air carriers would be required to share with the United States is the full name, date of birth and gender, which is actually less than what is on a Canadian passport today?

Did he know that passenger information that is confirmed to not be linked with terrorism will be erased after seven days?

Further, we all know that passports are required at every U.S. entry point. So this will be less information and it excludes domestic flights.

Let us be clear on something else. Did the member know, did the Liberals know, does the Bloc know that without these amendments that we are proposing, flights leaving Canada will no longer be able to travel over United States airspace?

That is the repercussions of the NDP, the Bloc and the Liberal coalition in standing up against Canadians and their wish to travel abroad. They should be ashamed of themselves for fear-mongering and spreading misinformation.

Strengthening Aviation Security ActGovernment Orders

October 19th, 2010 / 5:05 p.m.
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NDP

Jim Maloway NDP Elmwood—Transcona, MB

Mr. Speaker, I hear some of my colleagues say, “Who's doing the fearmongering in this place?” We have just heard some of it here.

Yes, we know that the exemption was given for airlines to fly point to point in Canada and go over American airspace. We know the exemption was there.

However, what is the difference? The fact is that somehow the Americans are willing to exempt airlines and allow these passengers, some of whom might be people who they do not want to fly over their territory, to do so. When we fly from Toronto to Winnipeg, we will be flying over the Great Lakes and American territory but that will be okay because the government got an exemption.

However, if we were to add a few more hours to the flight and go south to Mexico, that does not qualify. It is kind of a fine line that the member seems to be drawing.

The big issue is why the government did not get reciprocity. Why do Canadians not get to look at who is flying over Canada? Somehow our airspace is less important than theirs. Is that the way the government looks at it?

Strengthening Aviation Security ActGovernment Orders

October 19th, 2010 / 5:10 p.m.
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Liberal

Paul Szabo Liberal Mississauga South, ON

Mr. Speaker, in listening to the debate, it is clear that there are more questions than answers.

In his speech, the member from Brampton asked how this would enhance the safety and security of Canadian passengers.

I must admit that I am sitting here and thinking about jurisdictions other than the United States and wondering whether or not military aircraft are subject to the same disclosure requirements. That would be kind of interesting.

I have also looked for the regulations. I have not been able to sort through them because there are many iterations of them, but the reasonable expectation of what information should be there and what is a reasonable information requirement by a foreign jurisdiction to ask for are questions that have not been answered yet.

I think we have been talking more about platitudes, that it would enhance the safety and security of Canadian passengers, when it seems to be putting more and more people under the microscope which may inadvertently with unintended consequences put them at some risk for other purposes. I think those are the concerns that members have expressed.

Before the government proceeds too much further with this, maybe it should start providing information. If we look at the legislative summary of the bill, it does not answer those questions. I did not see any briefing sessions for the members.

If the government is convinced that the bill is the right thing to do, it should properly inform members of Parliament so that they can do their job.