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The author of this blog, David T.S. Fraser, is a Canadian privacy lawyer who practices with the firm of McInnes Cooper. He is the author of the Physicians' Privacy Manual. He has a national and international practice advising corporations and individuals on matters related to Canadian privacy laws.

For full contact information and a brief bio, please see David's profile.

Please note that I am only able to provide legal advice to clients. I am not able to provide free legal advice. Any unsolicited information sent to David Fraser cannot be considered to be solicitor-client privileged.

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The views expressed herein are solely the author's and should not be attributed to his employer or clients. Any postings on legal issues are provided as a public service, and do not constitute solicitation or provision of legal advice. The author makes no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained herein or linked to. Nothing herein should be used as a substitute for the advice of competent counsel.

This web site is presented for informational purposes only. These materials do not constitute legal advice and do not create a solicitor-client relationship between you and David T.S. Fraser. If you are seeking specific advice related to Canadian privacy law or PIPEDA, contact the author, David T.S. Fraser.

Thursday, June 21, 2007

Transport minister responds to critical coverage of no-fly list 

In the wake of some critical comments in recent news coverage, the Minister of Transportation has an op-ed piece in today's Chronicle Herald.

Nova Scotia News - TheChronicleHerald.ca

Program protects safety, respects rights

By LAWRENCE CANNON

In view of recent articles on the introduction of the Passenger Protect Program in Canada on Monday, I would like to clarify some issues.

I must stress, in particular, that Passenger Protect relates to individuals who may pose an immediate threat to aviation security. The program will enable government law-enforcement and security organizations, working with Transport Canada, to alert air carriers to individuals who may pose a threat to a flight, in order to prevent boarding and unlawful interference during the flight that could endanger the general public, passengers and crew.

Such an individual is identified under strict guidelines. It can be someone who is or has been involved in a terrorist group, for example, or an individual who has been convicted of one or more serious and life-threatening crimes against aviation security.

The government began consulting with industry on passenger assessment in May 2004. The program was developed to include the privacy rights provisions needed and in consultations with different groups of the civil society: airlines, airports, police, labour representatives as well as civil liberties and ethnocultural groups. We continue to work with the Office of the Privacy Commissioner.

In short, the program has benefited from parliamentary and public scrutiny, and is based on public law. This government also has as a priority the privacy concerns of Canadians. To this end, we must be clear: Canada’s program has learned lessons from countries all over the world with respect to watch lists, and has taken necessary precautions. This is why the Canadians Specified Persons List took three years of parliamentary consideration, and two years of policy development.

In addition, Transport Canada has established an Office of Reconsideration to permit individuals to challenge a denial-of-boarding decision in a non-judicial, efficient manner. The office will be able to assist individuals to clear up ID issues, and provide a mechanism for review of a case by persons independent of those who made the original decision.

To address terrorism, we must learn from past events, assess evolving threats, and initiate efficient and effective programs that protect public safety and respect the rights of Canadians. Passenger Protect does just that.

I invite readers to get more information on the website http://www.passengerprotect.gc.ca, or by phoning 1-800-O-Canada (1-800-622-6232), ATS: 1-800-926-9105.

Lawrence Cannon is Canada’s minister of transport, infrastructure and communities.

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