A Canadian court has dismissed an attempt by two Sikh extremists to be removed from the country's no-fly list, citing "reasonable grounds" to believe they pose a threat to transportation security or may use air travel to commit a terrorist act.
The Federal Court of Appeal's decision this week rejected an appeal by Bhagat Singh Brar and Parvkar Singh Dulai, who had previously lost a constitutional challenge against their no-fly status under Canada's Secure Air Travel Act, as reported by The Canadian Press from Vancouver on Thursday.
In 2018, the two men were barred from boarding flights in Vancouver.
The ruling states that the Secure Air Travel Act grants the public safety minister the authority to prohibit individuals from flying if there are "reasonable grounds to suspect they will threaten transportation security or travel by air to commit a terrorism offence."
"At some point, the appellants tried to fly. They could not," the ruling states. "They were on the list and the minister had directed that they not fly."
The appellate panel determined that, based on confidential security information, the minister had "reasonable grounds to suspect that the appellants would travel by air to commit a terrorism offence."
In 2019, Brar and Dulai petitioned the Federal Court of Canada to remove their names from the no-fly list. However, Justice Simon Noel ruled against them in 2022. He stated that the restrictions on Dulai were "the result of evidence-based suspicions that he could fly abroad in order to plot a terrorist attack."
Justice Noel emphasized that the Canadian government must enact laws that protect national security and intelligence activities while respecting rights and freedoms and encouraging the international community to do the same.
In their appeal, Brar and Dulai argued that the impairment of their rights due to being placed on the no-fly list was not "minimal" and thus unjustified. Nonetheless, the appellate court upheld the legislation, asserting that the confidential aspects of the court process were procedurally fair.
The Secure Air Travel Act addresses "national security, international relations and global co-operation to prevent terrorism" and is "not directed to past events that are tangible, certain and known," the appellate court explained.
"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 states. "Several of its features show careful tailoring to minimize the impairment of rights and freedoms."
Judge David Stratas, writing for the three-judge panel, noted that while the courts must protect rights, the government's stakes in security and terrorism prevention are "sky-high," thus warranting some leeway for Parliament.
Lawyers for Brar and Dulai did not immediately respond to requests for comment on the court's ruling.
Sources in New Delhi claim that Dulai is a member of the banned Babbar Khalsa and is closely associated with opposition New Democratic Party leader Jagmeet Singh. Dulai operates "Channel Punjabi" from Surrey and "Global TV" from Chandigarh, both of which reportedly spread Khalistani propaganda.
The court's ruling occurs amidst heightened tensions between India and Canada, following Canadian Prime Minister Justin Trudeau's allegations last September of a "potential" involvement of Indian agents in the killing of Hardeep Singh Nijjar. New Delhi dismissed Trudeau's claims as "absurd" and "motivated," maintaining that the core issue is Ottawa's tolerance of pro-Khalistan elements operating freely from Canadian soil.
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