Pair on Canada’s no-fly list lose appeal, ‘reasonable grounds’ for terror concern: Court

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The 2 men weren’t allowed to board planes in Vancouver in 2018

The Federal Court of Appeal has thrown out a bid by two men to get off the country’s no-fly list after they weren’t allowed to board planes in Vancouver in 2018, with the court ruling there were grounds to suspect they would commit terrorism.

Under the Secure Air Travel Act, the minister can direct an airline to order an “enhanced security screening” of a listed individual or “prohibit the person from flying,” the ruling says. In 2019, Brar and Dulai went to the Federal Court of Canada to have their names struck from the list. In their appeal, both Brar and Dulai argued the impairment of their rights as a result of being placed on the list was not “minimal” and therefore unjustified.

“Rather, it is forward-looking, designed to act preventatively, proactively and pre-emptively to deal with perhaps imprecise but nevertheless very real risks of harm to property, public safety and human life,” the ruling says. “Several of its features show careful tailoring to minimize the impairment of rights and freedoms.”

 

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