A recent report from the National Security and Intelligence Review Agency has raised serious concerns regarding Canada's no-fly list, claiming that the federal government has maintained some individuals on the list without necessary legal justification. This practice potentially contravenes the legal framework that establishes the Passenger Protect Program. The Program is designed to enhance air safety by screening travelers and ensuring that those who pose a threat to air security are appropriately flagged to air carriers, who may then conduct additional checks or deny boarding altogether.

The agency's review focused on the current processes for adding individuals to the no-fly list, the steps taken when these individuals attempt to board flights, and their options for challenging their inclusion on the list. It concluded that while improvements, such as centralized passenger screening measures, have led to a reduction in errors and better security overall, serious issues remain regarding the justification for listed individuals. This raises concerns about the balance between national security and individual rights, making it vital for proper oversight to prevent unlawful restrictions on travel.

The report suggests that while Public Safety Canada has generally managed the no-fly list effectively, the identified lapses underscore the need for a review of the criteria and processes for listing individuals. Ensuring that those who are placed on the list have proper justifications is crucial for upholding the rule of law and maintaining public trust in national security systems. The findings may prompt calls for policy changes and greater transparency regarding how the government handles sensitive security matters related to air travel.