Evidence of meeting #49 for Public Safety and National Security in the 39th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was person.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Superintendent Derek R. Ogden  Chief Superintendent and Director General, Drugs and Organized Crime, Federal and International Operations, Royal Canadian Mounted Police
Carl Busson  Superintendent, Officer in charge, Drugs and Organized Crime, ''E'' Division, BC, Royal Canadian Mounted Police
Erin McKey  Senior Counsel, Criminal Law Policy Section, Department of Justice
David Bird  Counsel, RCMP Legal Services, Royal Canadian Mounted Police
Acting Chair  Mr. John Williams
Linda L. Savoie  Director, Access to Information, Privacy and Reconsideration, Executive Services, Department of Transport
Brion Brandt  Director, Security Policy, Department of Transport

1:25 p.m.

Bloc

Serge Ménard Bloc Marc-Aurèle-Fortin, QC

We would be given at least that?

1:25 p.m.

Director, Access to Information, Privacy and Reconsideration, Executive Services, Department of Transport

Linda L. Savoie

If you do not receive the order, my office can give you a copy.

1:25 p.m.

Bloc

Serge Ménard Bloc Marc-Aurèle-Fortin, QC

According to testimony we've heard, the person would still not know why he is on the list. Now, I know of three possible reasons, but even then, each one of these categories would apply.

1:25 p.m.

Director, Access to Information, Privacy and Reconsideration, Executive Services, Department of Transport

Linda L. Savoie

Yes. You would be a problem.

1:25 p.m.

Conservative

The Chair Conservative Garry Breitkreuz

Thank you. I can't relate to your problems with a name like mine. There are never any problems of identity.

Could I ask if the witnesses would be willing to stay an extra ten minutes? I have three more people on my list who would like to ask questions. It may save you from coming back to the committee. Would that...?

1:25 p.m.

Conservative

Dave MacKenzie Conservative Oxford, ON

Mr. Chair, with respect to my colleague, I think we might better invite these folks to come back, so that we can get a proper airing. All I'm thinking is that I hadn't asked to be put on the list, but before we finish I would like to be on the list. I'm just not sure we would get finished.

I don't have any problem; I know Mr. Williams wants to ask some questions, and he's here as a sub. I don't have any problem with the ten minutes, as long as we understand that we still may wish them to come back at a later date.

1:25 p.m.

Conservative

The Chair Conservative Garry Breitkreuz

What does the committee wish? Should we extend for ten minutes if it's okay with our witnesses?

Okay. We'll extend for ten minutes.

Go ahead, Mr. Comartin.

1:25 p.m.

NDP

Joe Comartin NDP Windsor—Tecumseh, ON

On my comments at the beginning--the dumb comment--I just want to be very clear, because there has been criticism of members of Parliament on how witnesses have been treated, that my comment was about the program, not about these two individuals. I understand they are simply doing their job. I just wanted to make that very clear to both of them.

1:25 p.m.

Conservative

The Chair Conservative Garry Breitkreuz

I appreciate that clarification.

Mr. Williams is next, please.

June 7th, 2007 / 1:25 p.m.

Conservative

John Williams Conservative Edmonton—St. Albert, AB

Thank you, Mr. Chair.

I have been listening to the benign responses by the witnesses who assure us that this program is all well and working well, but I and Mr. Chan.... I have not been on your list, but I think I have been on the American list.

I don't have the benefit of this 30 days to get my name off the list. I want to understand the sovereignty jurisdiction you have and how much other countries, especially our neighbours to the south, are imposing their list and their restrictions on travel upon us as Canadians. To what extent are they telling you how to run your program?

1:25 p.m.

Director, Security Policy, Department of Transport

Brion Brandt

They are certainly not telling us how to run our program. I'd recognize that the U.S. has a strong interest in security and a strong interest in aviation security; so do we.

I think pretty well everyone in this room knows that the Public Safety Act that gave rise to this particular program was introduced in 2002, and five years later, we're developing the program. That's to say, sir, that there has been an awful lot of discussion, an awful lot of consultation, to develop a program that meets Canadian interests.

1:25 p.m.

Conservative

John Williams Conservative Edmonton—St. Albert, AB

Well, you haven't allayed my suspicions that the Americans are dictating a lot to us.

I also have a Canadian passport that indicates I'm a member of the House of Commons. I always use it for identification when I travel. I'm flying from Edmonton to Ottawa, not normally over U.S. airspace, but when they scan my passport through the passport reader, it still isn't good enough, and they have to phone in to some 24-7 department, I presume--thankfully it was operating 24-7--so I could get on a plane to travel across Canada.

I thought that as far as I could tell, it was the Americans who were dictating this issue, because when I contacted your department, you said there was nothing you could do about getting my name off the list and that I should talk to the Americans. I talked to the U.S. embassy, and they said that in six months to a year they could maybe do something about it.

That, to me, isn't good enough for Canadians flying in Canadian airspace. I need to know what you're doing to protect our Canadian sovereignty for Canadians flying in Canadian airspace. There's no problem with doing what you want to try to ensure safety, but do not let it be dictated by a foreign country when we are flying as Canadians in Canada.

What do you say?

1:30 p.m.

Director, Security Policy, Department of Transport

Brion Brandt

We have no intention of being dictated to by anyone.

1:30 p.m.

Conservative

John Williams Conservative Edmonton—St. Albert, AB

So how do I get my name off the list, on your 30-day plan?

1:30 p.m.

Director, Security Policy, Department of Transport

Brion Brandt

On the 30-day plan, talking about the Canadian program that comes into effect June 18, if in fact you are a person who is denied boarding--

1:30 p.m.

Conservative

John Williams Conservative Edmonton—St. Albert, AB

Almost.

1:30 p.m.

Director, Security Policy, Department of Transport

Brion Brandt

If you're denied boarding, well, then, you have the reconsideration office. If your name closely matches someone else's name on the list, there is also a provision, through the reconsideration office, to make that information known and to include information there so that hopefully—

1:30 p.m.

Conservative

John Williams Conservative Edmonton—St. Albert, AB

But you miss my point. I did contact your office. You said there was nothing you could do; you hadn't put my name on your list, and therefore I had to talk to the Americans. The Americans said it was too bad, so sad; they'd send me a form, and maybe in six months to a year they might do something.

Now, I travel a lot, and I travel a lot in Canadian airspace. I don't see why the Americans should be dictating whether or not I get on a Canadian plane to fly across Canadian airspace.

1:30 p.m.

Director, Security Policy, Department of Transport

Brion Brandt

The distinction there is that it wasn't our list. If you were on a list, it was probably the U.S. no-fly list. We don't tell them who goes on their list.

1:30 p.m.

Conservative

John Williams Conservative Edmonton—St. Albert, AB

But you use it for Canadian passengers in Canadian airspace.

1:30 p.m.

Director, Security Policy, Department of Transport

Brion Brandt

We do not use that. If an air carrier applied the U.S. no-fly list for domestic reasons, we would strongly discourage them from doing that.

1:30 p.m.

Conservative

John Williams Conservative Edmonton—St. Albert, AB

Well, if you're from Transport Canada, I think you should be explaining to the air carriers that when it comes to Canadian law, Canadian citizens, Canadian airspace, it is the Canadian rules that apply and not anybody else's.

1:30 p.m.

Director, Security Policy, Department of Transport

Brion Brandt

We've had those conversations.

1:30 p.m.

Conservative

The Chair Conservative Garry Breitkreuz

Thank you.

I have two more people on my list, starting with Mr. Cullen. Mr. Chan will follow.

1:30 p.m.

Liberal

Roy Cullen Liberal Etobicoke North, ON

Thank you, Mr. Chairman.

Unlike some of my colleagues, I'm a big supporter of this program. I'm not sure it's going to be as quite as useful as the gun registry program, but I think it's probably ranking up there in terms of protecting Canadians.

The reality is that air carriers are using all sorts of lists. In the absence of our own list in Canada, they're using the U.S. no-fly list. On June 18 we'll have our own list. Frankly, the U.S. no-fly list was fraught with errors. We all know that. In my previous life on the other side, we helped people get off the lists. It didn't take six months. We had to go through the U.S. departments of transport and homeland security and we got a lot of people off the list. There'll be some of that on the Canadian list.

I have some other questions. First, are carriers coming into Canada or leaving from Canada obligated to use this Canadian passenger protect list? In other words, it's not an option, not a tool; it's a mandated requirement.