Federal Court of Appeal Upholds No-Fly List Decision for Brar and Dulai

The panel concluded that the balance strongly favored maintaining the listing and found no legal or factual errors in the Federal Court’s decision.

The Federal Court of Appeal has dismissed an appeal by Bhagat Singh Brar and Parvkar Singh Dulai, upholding their continued placement on Canada’s no-fly list. The two individuals from British Columbia had challenged a previous ruling by the Federal Court, which had concluded that the Public Security Minister’s decision to keep them on the list was reasonable.

The Federal Court had found that there were legitimate grounds to suspect that both might use air travel to engage in terrorism-related activities, as outlined under the Secure Air Travel Act.

In the appeal ruling, Judge David Stratas, writing for the three-judge panel, agreed that the evidence supporting their inclusion on the no-fly list was more than sufficient to meet the legal standard of “reasonable grounds to suspect.” The court emphasized that the Public Security Minister and the Federal Court had thoroughly considered the appellants’ rights and freedoms, but also weighed the importance of public safety and the global fight against terrorism.

The panel concluded that the balance strongly favored maintaining the listing and found no legal or factual errors in the Federal Court’s decision.

The Federal Court found that it was reasonable for the Minister to form a reasonable suspicion that both appellants would travel by air for the purpose of committing one of the broad range of terrorism offences identified in para. 8(1)(b) of the Secure Air Travel Act. These findings stand: the appellants have not shown any error of law or palpable and overriding error. In fact, on the evidence, I agree with the Federal Court’s finding