Strengthening Aviation Security Act

An Act to amend the Aeronautics Act

This bill is from the 40th Parliament, 3rd session, which ended in March 2011.

Sponsor

Chuck Strahl  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

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 Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-42s:

C-42 (2023) Law An Act to amend the Canada Business Corporations Act and to make consequential and related amendments to other Acts
C-42 (2017) Veterans Well-being Act
C-42 (2014) Law Common Sense Firearms Licensing Act
C-42 (2012) Law Enhancing Royal Canadian Mounted Police Accountability Act

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

February 2nd, 2011 / 5:20 p.m.

NDP

Jim Maloway NDP Elmwood—Transcona, MB

Madam Speaker, as I have indicated, there are other extremely important areas that we should be looking at, including the trusted shippers program and all of the exposure to the packages, letters and bags going onto our planes unchecked. I would like to know what the government is doing about that, as opposed to simply rolling over on an American demand that we provide this information with no guarantee as to how it will be dealt with.

All I am saying is that it would be a big improvement if they would simply adopt the provisions of the Canada-EU agreement. Why would the government not have insisted that there be specific time periods for disposal of data, that the data use is limited and that the data individualization is changed so that the information is rendered anonymous, as per the EU.

Those are all things that would help and the Americans could still build up their profile without attaching the information to the individuals. Hence, the privacy situation would be somewhat mitigated.

Strengthening Aviation Security ActGovernment Orders

February 2nd, 2011 / 5:20 p.m.

NDP

Dennis Bevington NDP Western Arctic, NT

Madam Speaker, one of the more absurd parts of this whole negotiation that took place was the exemption that the U.S. gave to domestic flights.

Quite clearly, the history of terrorist action in aircraft in the United States was domestic to domestic. We saw that in the terrible events of 9/11. Quite clearly, in Canada, when we are travelling domestic to domestic, what we have to produce is a simple piece of photo ID, quite easily duplicated and forged. The level of security on these flights is extremely low. As well, domestic to domestic flights in Canada fly over some of the more populated areas in the United States and yet the U.S. government is quite willing to give this exemption for those flights. Why is that?

Does this relate to what the Prime Minister will be doing in the United States with information about all Canadians in this deal that he is signing or working out with President Obama on Friday?

Strengthening Aviation Security ActGovernment Orders

February 2nd, 2011 / 5:25 p.m.

NDP

Jim Maloway NDP Elmwood—Transcona, MB

Madam Speaker, no doubt there is an overall objective and an overall plan that the security people in the United States have in mind here.

The member is right. The airplanes that were used in 9/11 were domestic airlines. They were not international flights. They were domestic flights that were commandeered in the United States.

Here we have many domestic flights that are taking off from Toronto going to Vancouver and crossing over American air space. He certainly exposes some truth there. Certainly the Prime Minister is under a lot of pressure from the Americans but all we say is that he have some backbone here. The flights were not shut down during the first time they said they would be and they will not be shut down in the future.

We can certainly vote against this bill—

Strengthening Aviation Security ActGovernment Orders

February 2nd, 2011 / 5:25 p.m.

The Acting Speaker Denise Savoie

Resuming debate. The hon. member for Vancouver East. I should let her know ahead of time that I will have to interrupt her at 5:30. She has a few minutes to begin her comments.

Strengthening Aviation Security ActGovernment Orders

February 2nd, 2011 / 5:25 p.m.

NDP

Libby Davies NDP Vancouver East, BC

Madam Speaker, although I only have a few minutes this afternoon, I am sure this debate will continue tomorrow because it is a very important bill that we are debating. I am pleased to have the opportunity to speak to Bill C-42, the Aeronautics Act.

I first want to thank my colleague from Western Arctic who is the NDP transport critic. I know the member from Western Arctic and his team, the folks in his office, his researchers, have put together just a wealth of information that when one reads through it leaves one with a very troubling sense as to what the bill is all about.

The bill was before the House before the holiday break. There was a sense of urgency, a deadline and it had to be rushed through. This is such a familiar story in this place that it almost makes the notion of Parliament and the work of parliamentarians seem redundant. Everything has an urgency and must be rushed through.

We are here to dig into legislation, to find out what it is about, to look at its merits, to give it a sober first thought and second thought, to have it go through committee and then through all the other processes. That is very important, especially in this day and age when everything is so focused on security, technology and the movement of information from government to government. There are huge issues involved here in terms of people's privacy.

While we have the opportunity and the right to see this legislation, we just think of what it means to the people out there who have not the vaguest notion of how these massive changes are taking place in our society. These days, travelling by air is something that millions of people do. It is part of daily living, part of business and part of one's family life.

Something I find deeply troubling is that most people have absolutely no awareness or knowledge of the rules that are being imposed, the secret agreements that are being laid out, which affect how their personal information is being used. When we relate that to a bigger picture about what is taking place with the deep integration with United States' policies, whether it is trade, security issues or border issues, this is something that I know many Canadians are more and more concerned about.

Strengthening Aviation Security ActGovernment Orders

February 2nd, 2011 / 5:30 p.m.

The Acting Speaker Denise Savoie

The hon. member will have seven minutes left for her comments when this debate resumes.

The House resumed from February 2 consideration of Bill C-42, An Act to amend the Aeronautics Act, as reported (with amendment) from the committee, and of the motions in Group No. 1.

Strengthening Aviation Security ActGovernment Orders

February 3rd, 2011 / 10:15 a.m.

The Speaker Peter Milliken

When the matter was last before the House, the hon. member for Vancouver East had the floor and there are seven minutes remaining in the time allotted to her for her remarks. I therefore call upon the hon. member for Vancouver East.

Strengthening Aviation Security ActGovernment Orders

February 3rd, 2011 / 10:15 a.m.

NDP

Libby Davies NDP Vancouver East, BC

Mr. Speaker, I am pleased to continue my remarks from yesterday. I appreciate the information about the significance of the mace today and the fact that we are remembering the fire of 1916 in Parliament. It is very interesting to be in the House on this historical day. I appreciate that being brought forward.

I want to speak to this bill because there is a lot of concern from Canadians about how so much is being eroded in terms of civil liberties and privacy of information by security measures. Certainly Bill C-42 is a very strong case in terms of a further erosion of privacy of Canadians.

There has been a lot of debate about this bill and certainly our critic, the member for Western Arctic, has done an incredible job of bringing forward information, both at committee and in the House, to show just how dangerous this bill will be. As he said in an earlier debate, Bill C-42 really means stripping away the privacy of Canadians and that is something we should be very concerned about.

Out in the broader community, people are very worried about how much government legislation, whether it is so-called anti-terrorism legislation, no-fly lists, or this bill, is impacting the rights and privacy of Canadians. It is all being done in the name of security. Yet there is no evidence to show that these very broad measures that cast such a wide net over every segment of our society actually do improve our security or prevent terrorism from taking place. However, they do create an enormous chill in our society.

As parliamentarians, we have a responsibility to examine this kind of legislation in great detail to establish whether or not it is warranted and whether or not the legislation goes too far towards invading the privacy of Canadians. I would say for us in the NDP, we have come to the conclusion that this legislation does go too far. We know it will allow airlines to send personal information of passengers to foreign security services.

The information that will be forwarded is determined by requirements that are laid out in secret agreements with other countries. In and of itself, that is a huge problem. There is no transparency. I would note that in 1998, the European Commission put forward six key principles that must be included for this type of legislation. They had a very thorough examination because this has been a huge issue in Europe as well as around the world. I do not have time to go into the six principles, but briefly they outline the purpose limitation principle; the information, quality and proportionality principle; the transparency principle; the security principle; the right to access restitution opposition principle; and restriction on onward transfers principle.

The right to access principle says that subjects of the information should have the right to obtain a copy of all the information relating to them that is processed and the right to restitution of the information which is inaccurate. Further, in some situations people should be able to object to the processing of the data that relates to them.

I want to be very clear that this bill we are debating today does not include any of these protections, so that is a very serious matter.

When the bill was examined earlier by committee, there were some very notable witnesses who came forward. One of them was Dr. Mark Salter of the School of Political Studies here in Ottawa who said:

Governments want this information so that they can build profiles of not just risky passengers but safe passengers as well. Research clearly demonstrates that in the United States and the U.K., government agencies are trying to collect as much data about travellers as possible.

He went on at some length about what that means.

There was further evidence from Nathalie Des Rosiers who is the general counsel for the Canadian Civil Liberties Association.

In her testimony she said:

There's no safeguard that the TSA will not pass information to other government agencies, such as law enforcement or immigration. There is no safeguard that the TSA will not pass this information to third countries. And we know this has been a particularly difficult issue for some Canadians, Maher Arar being a case in point. There's no guarantee that the TSA will not use the information for profiling Canadians, to put them on their watch list or the no-fly list.

We have heard many incredible stories about the no-fly list, about people who are on there by mistake, people who are legitimately and in good faith travelling to the United States or elsewhere who cannot access information regarding why they are on the no-fly list. It is a grievous error and problem we face. We can see that, if approved, the legislation will have an enormous impact on our rights, on our privacy. We are not doing our job properly if we allow the bill to go through, so I am proud that members of the NDP are standing in the House to speak out against the bill and make it very clear that we do not believe it is in the public interest nor in the interest of so-called security. It is simply further integrating us with U.S. policies which people are very concerned about, all in the name of security. There is no transparency and no accountability.

I hope other members will reflect on the bill at this stage and decide that it should not go forward and should not be supported.

Strengthening Aviation Security ActGovernment Orders

February 3rd, 2011 / 10:20 a.m.

NDP

John Rafferty NDP Thunder Bay—Rainy River, ON

Mr. Speaker, the hon. member for Vancouver East brings up the point that no person may know what information is on the list. Even more egregious is the fact that it cannot be changed. There is no way to correct mistakes on the list.

I wonder if my hon. colleague would like to comment further on that.

Strengthening Aviation Security ActGovernment Orders

February 3rd, 2011 / 10:20 a.m.

NDP

Libby Davies NDP Vancouver East, BC

Mr. Speaker, I am glad the member raised this point because it is one of the core issues of the bill that we must struggle with and the conflict that it presents. Information is being mined about people and is being stored in enormous data warehouses. Where is the transparency and accountability pertaining to these massive institutions and bureaucracies that develop and control this data?

One of the most fundamental issues is that people do not know what information is being gathered. If they do have a sense that something is wrong because they have been turned away for a flight or they find out that they are on the no-fly list, then under this legislation their ability to get that information is nil. This is why I wanted to draw attention to the European Commission report and the six principles which it claims are fundamental to any legislation such as this. However, Bill C-42 does not adhere to these particular principles. It appears to me that is a serious matter and if we are acting in the public interest and protecting the rights of our constituents, we should not allow this to go ahead.

Strengthening Aviation Security ActGovernment Orders

February 3rd, 2011 / 10:25 a.m.

NDP

Jim Maloway NDP Elmwood—Transcona, MB

Mr. Speaker, the government really has not been up front about this whole issue. It introduced the bill on the last day of the session in June. Then it told us that it had to be passed by the end of December or the overflights would have to stop. We are into February already and the flights are still continuing uninterrupted.

Let us look at other countries. The member for Western Arctic indicated to me that there is no stoppage of flights from Mexico. We should be looking at how the Americans are treating other countries. There are many other countries which have flights overflying the United States. What have those countries been doing?

It appears the government does not want to provide full information on this or any other topic for that matter. Conservatives are a very secretive group and also poor negotiators. They had the opportunity to ask for reciprocity. The Americans have 2,000 flights a day flying over Canadian airspace and we only have 100 flying south. Yet the government has not asked for reciprocity from the Americans. That would have shut this operation down as the U.S. would not want to provide passenger information on that many flights.

Strengthening Aviation Security ActGovernment Orders

February 3rd, 2011 / 10:25 a.m.

NDP

Libby Davies NDP Vancouver East, BC

Mr. Speaker, there are more and more questions about the bill. I agree with the member that it has been shrouded in secrecy. When we were here in December we were under this cloud that the bill had to go through. There was a deadline and a lot of pressure on all the parties to rush it through. That has been a very familiar story. I remember the original anti-terrorism bill, Bill C-36, which had to be rushed through, it had to be done. Here we are years later and we still see this kind of legislation come forward without transparency.

My understanding is that the Government of Mexico at this point has not approved the legislation that flows from these secret agreements and secret negotiations.

I think it begs the question, if we were told that this was essential and everything would come to a screeching halt if it did not go through, which obviously did not happen, what really is going on here? Are these agreements necessary? Why are they not transparent? Why does the bill have to come forward at this time?

Again, there is no evidence that shows anything to compel us to do this. On the contrary, the evidence is that the bill is going to create enormous problems in our society and would have a long, far-reaching impact on civil society. Therefore, we should be saying no.

Strengthening Aviation Security ActGovernment Orders

February 3rd, 2011 / 10:25 a.m.

NDP

Pat Martin NDP Winnipeg Centre, MB

Mr. Speaker, on behalf of the constituents of my riding of Winnipeg Centre, I am very pleased to take up the baton, as it were, as NDP speakers rise one after another to sound the alarm on this intrusion into our Canadian sovereignty.

I would life to preface my remarks by reminding the members present that the right to privacy is a fundamental cornerstone of any western democracy. We have this debate completely upside down today. We should be pointing out that the people of Canada have a right to know what their government is doing at all times, and that door should be wide open and transparent. But the Government of Canada does not have a right to know what its people are doing at all times, and that right to privacy should be protected as one of those fundamental cornerstones that we rely on in a progressive western democracy.

Why then would the government be willing to compromise and sacrifice in any way that fundamental right to privacy, or watch its erosion, by virtue of this bill? Why would it be prioritizing this over all the issues facing the Government of Canada and the people of Canada today, all the challenges that we face in an economic downturn where there is work to be done? Why is our Parliament occupied today with a bill that does nothing to advance the rights and freedoms of Canadians, but fundamentally erodes, threatens and chips away at those fundamental rights and freedoms? It annoys me that we are seized of this issue and not the many pressing issues that face our government and our country.

This is a pressing issue, though, in one sense in that we are under attack in this regard. I can only speak to the report stage amendments, but I will preface those remarks by saying that I have been a personal victim of some of these erosions to our Canadian right to privacy. It has been referenced before by previous speakers, for example, the member for Western Arctic, who has been perhaps the singular champion of Canadians' rights in the process of this debate, and also my colleague from Vancouver East, who approached the same subject.

I am talking about a graphic, local, current and topical example of the erosion of the right to privacy with the do not fly list. If there has ever been a more egregious and graphic illustration of an erosion of our Canadian national sovereignty and an intrusion by the long arm of the American national security program across our borders and into our sovereignty, it is the do not fly list.

I was on that do not fly list. I am still on that do not fly list. The only way I can get on an airplane in Canada, even to fly within our country, is to deliberately misspell my name. That was the solution they came up with because we cannot fix it. It is resident in Washington, D.C. or somewhere in the United States. Believe me, our Department of Foreign Affairs, our Minister of Foreign Affairs, everybody I could go to tried to get my name off this do not fly list. Nobody could because it is not our list. It is an American list. An American list is stopping a Canadian member of Parliament from boarding a plane in Winnipeg and flying to Ottawa without ever going out of Canadian airspace. That list blocks me from doing so.

When I try to get my boarding pass, airline staff at the counter who know me by my first name say, “Sorry, Pat, the red light is up here. I can't issue a boarding pass for you”. Why? Because the do not fly list has kicked in, and 45 minutes later, they phone these numbers in the United States and get the clearance to get permission for me, a Canadian member of Parliament, to fly within Canada. It is absolutely absurd. This is the road we are going down, and the contrast that exists here should be glaring to most Canadians.

We have a federal government that is so obsessed with the right to privacy in some capacity that it is actually doing away with the long form census, because somehow it is an intolerable invasion of one's privacy to ask how many people are living in one's home so that the government can design social service programs that are proportionate to the need and demand of the population.

However, somehow it is okay for the Government of the United States to know not only that someone is flying on a particular day but also to know the person's credit card information, with whom the person is travelling, the hotel he or she will be staying at, other booking information such as tours or rental cars, and the person's personal health information, one of the things that nobody has a right to know except the person and his or her doctor.

Even though the Conservatives are so offended by the long form census that might ask how many washrooms one has in one's house, they think it is okay for the United States not only to have this information but to hold it for 40 years without the individual having any access to it. There is no avenue of recourse. There is no grievance procedure if the list happens to be erroneous. If errors have been made, an individual will never know and there is no ability to correct the errors.

Perhaps most egregious is that this information can be forwarded to the security service of a third nation without the consent or notification of the other signatory and certainly without the consent of the individual Canadian. This is a compromise of our national sovereignty the likes of which we have never seen. With the globalization of capital, we must be ever more vigilant that Canadian sovereignty is not eroded. We do have a border and Canada is distinct and different from the United States. We have a right to control our own destiny without intrusion and interference from the behemoth south of the border. It makes me mad even as I speak about it.

There should be a new era of Canadian nationalism and sovereignty, not the reverse. We have watched the Conservative government make strong noises about our Arctic sovereignty, even the sovereignty of the seabed below the Arctic Ocean. It is taking great steps to protect that.

We have heard the Conservatives talk about protecting the sovereignty of our airspace. One of the justifications for their exorbitant investment in 65 new F-35 jet fighters is that they will be able to patrol the sovereignty of our airspace, et cetera, yet they are willing to compromise the most fundamental principle of Canadian sovereignty by allowing another nation-state to interfere with the free movement of not only goods and services but people of this country. It is appalling. Canadians should be shocked that we are wasting the time of Parliament debating this particular bill.

There is no evidence that these draconian measures being proposed by the United States and other nations that wish access to this information will make the world more secure or help fight terrorism. There is no evidence partly because if there has been any interception of terrorism by virtue of this sharing of lists, we would never know anyway because it is all done behind closed doors.

But there is evidence of how disastrous the consequences can be when mistakes are made. Without the oversight and the scrutiny of any regulatory body, we will never know, I suppose, the number of mistakes, but we do know mistakes could be made and we will never be able to monitor or correct those. The most egregious example, I suppose, in recent Canadian history is the case of Maher Arar as a graphic illustration of the rights of Canadians being undermined by an over-zealous American national security initiative.

The NDP is opposed to this bill. We sought to make amendments at committee stage. We are seeking to make amendments at report stage. The bill in its current form should be rejected by Canadians and those people who are charged with the responsibility of representing Canadians, the members of Parliament in this chamber. This bill should go no further than the vote at the current stage.

Strengthening Aviation Security ActGovernment Orders

February 3rd, 2011 / 10:35 a.m.

NDP

Peter Stoffer NDP Sackville—Eastern Shore, NS

Mr. Speaker, I thank my hon. colleague for being in the House of Commons today because he would have had to fly here, obviously with the permission of someone in the United States. I would like to thank the United States administration.

Recently we had a debate about senators being able to trash members of Parliament through their ten-percenters across the country. Conservative members are famous for sending a tremendous amount of mail-outs to their ridings.

I would like to ask my hon. colleague from Winnipeg Centre if he knows of any Conservative member in the House or the Senate who has sent a ten-percenter to his or her constituents telling them that the government is going to give their credit card information, health information, hotel information, everything about them to the United States of America and through a secret firm the United States will transfer that information to who knows where? I am wondering how many Conservatives in the House or the Senate have actually sent that information to their constituents.