Without much fanfare and overshadowed by Canadians heading to the polls on May 2 for the fourth election in seven years, a controversial bill that would further comply with U.S. aviation security practices became law. The measure supports plans for a North American security perimeter and illustrates how the Canadian government is more interested in appeasing U.S. interests than protecting the privacy and freedoms of its own citizens.

In November of 2007, the Conservative government expressed concerns over privacy implications associated with the U.S. Secure Flight Program and filed objections with the Department of Homeland Security. They were urging an exemption on a measure that would require Canadian airlines to turn over information on passengers flying over the U.S. en route to other destinations. Despite their grievances being dismissed, they eventually caved in to U.S. demands. In a move to further bring Canada in line with American air travel security rules, Bill C-42, An Act to amend the Aeronautics Act was introduced in Parliament on June 17 of last year. With little media attention, it passed through the House of Commons on March 2, 2011, by a vote of 246 to 34. On March 23, it received royal assent and became law. Under Bill C-42, Canadian airlines are required to send traveler information through the Secure Flight Program 72 hours before departure. The Transportation Security Administration checks the data against security watch lists which could result in passengers receiving extra screening or even being barred from boarding their flight.

In an Action Alert from December 2010, the Council of Canadians described how Bill C-42, “requires that a large amount of your personal information be transmitted to the U.S. Department of Homeland Security even if your flight only passes through U.S. airspace. It's not just name, gender, age and destination as government sources claim. Any and all information contained in your travel records will be transmitted to U.S. security officials, who may use it for whatever purposes they see fit.” It goes on to say, “Canada has made many steps to harmonize airline security with U.S. programs but none has been good enough to prevent ever more draconian demands. Our severely flawed made-in-Canada ‘no fly’ list was supposed to prevent the imposition of the U.S. list on Canada. But the benchmark has moved again to the point the U.S. must issue travel permissions to Canadians.” The Conservative government has failed to sufficiently safeguard the privacy of Canadians. Personal information collected could be used for immigration, as well as law enforcement purposes and could also be shared with other countries. Bill C-42 surrenders Canadian authority to the Department of Homeland Security.

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