Committees (44th Parliament, 1st Session)

The Myth of Security at Canada’s Airports

The Standing Senate Committee on National Security and Defence

Second Session-Thirty-Seventh Parliament

January 2003

Section I

I.1 Transport Canada should, by March 31, 2003, finalize and issue training standards programs to equip cabin crews to deal with terrorists and/or terrorist materials. All flight crews should have completed training by September 30, 2003.

I.2 The Canada Customs and Revenue Agency and Immigration Canada should, by June 30, 2003, offer substantive evidence to the Committee that they have addressed the Auditor General’s recommendations to improve training that will help airport personnel identify persons “likely to engage in criminal activities or endanger the safety of Canadians.” They should also demonstrate that they have made arrangements to gain access to police databanks that would assist in such identification, and have provided their employees with the training and technology required to take advantage of these databanks.

I.3 Transport Canada should, by September 30, 2003, ensure that all Canadian passenger airlines are providing training courses to maintenance personnel and other personnel working in proximity to aircraft to help them identify potentially dangerous situations and materials.

Section II

II.1 All flight crew should be informed when an Aircraft Protective Officer (APO) is on board.

II.2 Transport Canada should, by June 30, 2003, require design completion of a double door system or systems to protect cockpits, and order air carriers to complete the installation of such systems by December 31, 2004.

II.3 APOs should be instructed by the RCMP to be prepared to intervene in violent disruptions in passenger cabins, and certainly be prepared to intervened if crew or passengers’ lives are threatened, and not necessarily to restrain themselves until the very moment that any assault is launched on the cockpit.

II.4 Pilots should not be armed.

Section III

III.1 Dedicated and trained personnel should immediately begin carrying out random and targeted screening of all checked baggage, parcels, mailbags, and cargo.

III.2 CATSA should implement full multi-layer screening (vapour detection supplemented by x-rays and other kinds of searches) of all checked baggage, mailbags and cargo by January 1, 2004.

III.3 The practice of offering blanket security shortcuts on the basis of being a “known shipper” shipping by air carrier should be discontinued. The Committee encourages the development of a protocol for shippers based on their known reliability, similar to the one currently being introduced under the Smart Borders arrangement with the United States.

III.4 People, cargo and aircraft coming from small airports without sophisticating screening systems should receive a full screening when they arrive at an airport under CATSA’s jurisdiction.

Section IV

IV. 1 CATSA should issue national passes for air crew and all other persons who fall more naturally under a national, rather than a regional, jurisdiction. If local airport authorities are permitted to continue to issue passes allowing access to restricted areas at their airports, these local passes should be

Of national, uniform design, based on national configurations defined by the Canadian Air Transport Security Association,
Cancelable by CATSA
Validated through CATSA’s national database.

IV.2 All Canadian airports, by December 31, 2003, should introduce new electronic airside access passes, containing biometric identifiers, that

Are encoded to prevent access to zones beyond any employee’s work area
Expire automatically after three years
Can be deactivated by a central control mechanism at any time

IV. 3 CATSA should be the issuing authority for passes for all employees, contract workers, other personnel and vehicles permitted airside access.

IV. 4 CATSA should be responsible for assuring that these persons and vehicles are physically searched on entry to restricted areas at Canada’s airports. Persons and vehicles leaving those areas should be searched on a random basis, with provision for more extensive exit searches whenever extraordinary threats are perceived.

IV. 5 The current 5-point background check for restricted area passes: Canada Police Information Centre (for criminal record), CSIS (for potential security threats), and Transport Canada (domicile, employment background and credit records) should be conducted every three years, replacing the current schedule of every five years.

Section V

(This Recommendation repeated from Section IV)

This Recommendation Repeated from Section IV)

(This is a New Recommendation Contained Only in Section V)

V. 1 Transport Canada should require that private aircraft departing airports under CATSA’s supervision should not leave until aircraft, passengers and their baggage have been screened. Private aircraft departing from any air facility not supervised by CATSA should be searched on arrival, whether they arrive from private air fields in Canada or any locations in foreign countries in order to ensure the integrity of security at Canadian airports.

Section VI

No recommendations at this time.

Section VII

VII.1 All airport policing directly related to air travel security be removed from the airport authorities and assigned exclusively to the RCMP under contract to CATSA.

VII.2 Local police forces and security guards contracted by airport authorities be responsible for criminal offences that are not related to air travel security.

Section VIII

VIII.1 Transport Canada should continue to be responsible for the development of policy and standards for aircraft and airport security and should be responsible for verification that security policies are being implemented to its standards by CATSA, airport authorities, airlines, and police or other security personnel;

VIII.2 CATSA should be responsible for the design and delivery of all mechanisms and training to assure air travel security, including the management and security screening of the restricted areas of the airport and the security screening of all persons and things boarding aircraft in Canada.

VIII.3 National standards be effectively and consistently implemented. CATSA should develop an intelligence capability in order to effectively carry out its responsibilities.

VIII.4 CATSA should be given the authority to contract the RCMP to supervise all policing at airports as it relates to passenger, cargo, aircraft and airside security.

VIII.5 The Auditor General of Canada should conduct audits – including value for money audits – of security expenditures both by the federal government and airport authorities (the Minister of Transport should make this possible through new legislation.)

Section IX

IX.1 The Government of Canada detail how much money is being collected from the $12 air travellers security charge – better known as the departure tax – and from which airports;

IX.2. The Government of Canada account for how much of the $12 air travellers security charge, is being spent by CATSA, and how much is being spent by other departments and agencies and how much is being spent at each airport and for what;

IX.3 That CATSA fully report the amounts that it is spending on its internal administration and report annually how much it has spent at each airport for: passenger screening, mail and cargo screening, airside searching of non-passengers, policing; and

IX.4 That the Government of Canada introduce legislation providing the Auditor General of Canada with the power to audit each airport authority for accuracy, and value received for all security revenues and expenditures made by the authority, which would complement ongoing auditing and supervision by Transport Canada of security expenditures by airport authorities.

Section X

X.1 The federal government should design and implement air travel security measures that provide transparency and full financial accountability to the Canadian public.

X.2 Airport authorities and the airlines must recognize that security of air travel is the public’s business and be forthright in explaining the measures they are taking to protect against terrorist or criminal activity, on the ground, and in the air.

ORDER OF REFERENCE

Extract of the Journals of the Senate, Wednesday, October 30, 2002:

The Honourable Senator Kenny moved, seconded by the Honourable Senator Losier-Cool:

That the Standing Senate Committee on National Security and Defence be authorized to examine and report on the need for a national security policy for Canada. In particular, the Committee shall be authorized to examine:

(a) the capability of the Department of National Defence to defend and protect the interests, people and territory of Canada and its ability to respond to or prevent a national emergency or attack;

(b) the working relationships between the various agencies involved in intelligence gathering, and how they collect, coordinate, analyze and disseminate information and how these functions might be enhanced;

(c) the mechanisms to review the performance and activities of the various agencies involved in intelligence gathering; and

(d) the security of our borders.

That the papers and evidence received and taken during the First Session of the Thirty-seventh Parliament be referred to the Committee;

That the Committee report to the Senate no later than February 28, 2004, and that the Committee retain all powers necessary to publicize the findings of the Committee until March 31, 2004.

After debate,

With leave of the Senate and pursuant to Rule 30, the French version of the motion was modified in paragraph (b) to read as follows:

“b) les relations entre les divers organismes participant à la collecte de renseignements, comment ils recueillent, colligent, analysent et diffusent ces renseignements, et comment ces fonctions pourraient être améliorées;”.

After debate,

The question being put on the motion, as modified, it was adopted.

Paul C. Bélisle
Clerk of the Senate

WHO THE COMMITTEE HEARD FROM

Audcent, Mr. Mark, Law Clerk (December 2, 2002)

Baker, Mr. Mike, Vice-President, Corporate Management, Canadian Air Transport Security Authority (November 25, 2002)

Balnis, Mr. Richard, Canadian Union of Public Employees (CUPE) Senior Research Officer (November 18, 2002)

Barrette, Jean, Director Security Operations, Safety and Security Group, Transport Canada (November 27, 2002; December 2, 2002)

Begley, Inspector Jim, Federal Policing Service, Vancouver International Airport, RCMP (November 2001)

Bonnell, Mr. R.J. (Ray), Superintendent Officer in Charge, Protective Services Branch, Royal Canadian Mounted Police (RCMP) (December 2, 2002)

Bramah, Mr. Brian, Regional Director, Security and Emergency Preparedness, Transport Canada (November 2001)

Bullock, Ms Margaret, Manager, Security Awareness, Policy and regulations, Corporate Security, Air Canada (November 2001)

Castonguay, Staff Sergeant Charles, RCMP (November 2001)

Clapham, Superintendent Ward D., RCMP, Richmond Detachment (November 2001)

Collenette, The Honouarble David Michael, Minister of Transport (December 2, 2002)

Cooper, First Officer Russ, Toronto Representative, Security Committee, Air Canada Pilots Association (November 4, 2002)

Deemert, Mr. Rob, Cabin Security, International Association of Machinists and Aerospace Workers (August 15, 2002)

Devlin, Mr. Bill, Manager Hub Development, Air Canada (November 2001)

Duchesneau, Mr. Jacques, President and Chief Executive Officer, Canadian Air Transport Security Authority (November 25, 2002)

Duncan, Mr. Mark, Vice-President, Operations, Canadian Air Transport Security Authority (November 25, 2002)

Duquay, Mr. Yves, Senior Director, Corporate Security Risk Management, Air Canada (November 2001)

Elliott, Mr. William, Assistant Deputy Minister, Safety and Security Group, Transport Canada (November 27, 2002; December 2, 2002)

Enger, Inspector Tonia, Operations Officer, RCMP, Richmond Detachment (November 2001)

Fernie, Mr. Iain, Regional Security operations Manager, Air Canada (June 24, 2002)

Flagel, Mr. Brian, Customs Border services, Canada Customs and Revenue Agency (November 2001)

Fleshman, Mr. Larry, General Manager, Customer Service, (Pearson Airport), Air Canada (June 24, 2002)

Fraser, Ms. Sheila, Auditor General of Canada (November 18, 2002)

Goupil, Mr. Pierre, Commanding Inspector, Sûreté du Québec (November 2001)

Hebert, Ms. Barbara, Regional Director, Customs, Greater Toronto Area Division, Canada Customs and Revenue Agency (June 24, 2002)

Jenkins, Ms. Wilma, Director, Immigration Services, Citizenship and Immigration Canada (June 24, 2002)

Johns, Mr. Fred, General Manager, Logistics and Processing Strategies, Canada Post (August 15, 2002)

Johnson, Captain Don, President, Air Canada Pilots Association (November 4, 2002)

Kasurak, Mr. Peter, Principal Office of the Auditor General (November 18, 2002)

Kavanaugh, Mr. Paul, Regional Director, Security and Emergency Planning, Transport Canada (June 24, 2002)

Laflamme, Mr. Art, Senior Representative, Air Line Pilots Association, International (August 14, 2002)

Landry, Inspector Sam, Officer in Charge, Toronto Airport Detachment, RCMP (June 24, 2002)

Lefebrve, Mr. Paul, President Local 2323, International Association of Machinists and Aerospace Workers (August 15, 2002)

Loeppky, Mr. Garry, Deputy Commissioner Operations, Royal Canadian Mounted Police (RCMP) (December 2, 2002)

Luloff, Ms. Janet, Acting Director, Regulatory Affairs, Safety and Security Group, Transport Canada (November 27, 2002; December 2, 2002)

Maines, Mr. Warren, Director, Customer Service (Pearson Airport), Air Canada (June 24, 2002)

McInenly, Mr. Peter, Vice President, Business Alignment, Canada Post (August 15, 2002)

McLeod, Mr. Dave, Lead Station Attendant, International Association of Machinists and Aerospace Workers (August 15, 2002)

Minto, Mr. Shahid, Assistant Auditor General (November 18, 2002)

Morency, Mr. Andre, Regional Director General, Ontario Region, Transport Canada (June 24, 2002)

Murray, Ms Anne, Vice President, Community and Environmental Affairs, Vancouver International Airport (November 2001)

Nelligan, Mr. John Patrick, Senior Partner Law Firm of Nelligan O’Brien Payne LLP (December 2, 2002)

Neumann, Ms Suzanne, Customs and Excise Union (November 2001)

Pelletier, Ms. France, Canadian Union of Public Employees (CUPE) Legislative and Regulatory Affairs, Airline Division
(November 18, 2002)

Pharand, Mr. Pierre-Paul, Director Airport Authority
(November 2002)

Pichette, Mr. Pierre-Paul, Assistant Director, Montreal Urban Community Police Department (November 2001)

Pigeon, Mr. Jean Francois, Acting Director, Security, Montreal Airport Authority (November 2001)

Pigeon, Mr. Jacques, General Counsel Legal Services, Department of Justice, Transport Canada (December 2, 2002)

Quinlan, Mr. Grant, Security Inspector, Transport Canada
(June 24, 2002)

Richmond, Mr. Craig, Vice-President, Airport Operations, Vancouver International Airport (November 2001)

Sheehy, Captain Matt, Chairman, Security Committee Air Canada Pilots Association (November 4, 2002)

Sheridan, Mr. Norman, Director, Customs Passenger Programs, Canada Customs and Revenue Agency (June 24, 2002)

Slater, Ms Scenery Customs and Excise Union (November 2001)

Spraggett, Mr. Ernest, Director, Commercial Operations, Canada Customs and Revenue Agency (June 24, 2002)

St. John, Mr. Peter, Professor (retired), International Relations, University of Manitoba (November 25, 2002)

St. Pierre, Mr. Jaquelin, Commanding Officer, Post 5, Montreal Urban Community Police department (November 2001)

Starck, Mr. Richard, Senior Counsel, Federal Prosecution Service, Quebec Regional Office; Department of Justice
(November 2001)

Stiff, Mr. Bob, General Manager, Corporate Security, Canada Post (August 15, 2002)

Wilmink, Mr. Chuck, Consultant (November 4, 2002)

WHO WE SAW AND WHAT WE HEARD

During its study on airport security, the Committee conducted site visits at two airports, Dorval (Montreal) and Vancouver. The Committee also heard witnesses in Toronto as well as in Ottawa.

Fact-finding Visit to Dorval Airport (November 5, 2001)

Who we saw:

Staff Sergeant Charles Castonguay, RCMP
Mr. Pierre-Paul Pharand, Director Airport Authority
Mr. Jean Francois Pigeon, Acting Director, Security, Montreal Airport Authority
Mr. Pierre-Paul Pichette, Assistant Director, Montreal Urban Community Police Department
Mr. Jaquelin St. Pierre, Commanding Officer, Post 5, Montreal Urban Community Police department
Mr. Pierre Goupil, Commanding Inspector, Sûreté du Québec
Mr. Richard Starck, Senior Counsel, Federal Prosecution Service, Quebec Regional Office, Department of Justice

What we heard:

Equipment; Screening baggage; Organized crime; Issuing and control of passes; Governance; Emergency response procedure; Co-ordination among agencies working at the airport; Screening of airside workers; Security checks; Threat evaluation.

Fact-finding Visit to Vancouver Airport (November 2001)

Who we saw:

Mr. Craig Richmond, Vice-President, Airport Operations, Vancouver International Airport
Mr. Brian Bramah, Regional Director, Security and Emergency Preparedness, Transport Canada
Inspector Tonia Enger, operations Officer, RCMP, Richmond Detachment
Superintendent Ward D. Clapham, RCMP, Richmond Detachment
Inspector Jim Begley, Federal Policing Service, Vancouver International Airport, RCMP
Mr. Brain Flagel, Customs Border Services, Canada Customs and Revenue Agency
Mr. Yves Duquay, Senior Director, Corporate Security Risk Management, Air Canada
Ms Margaret Bullock, Manager, Security Awareness, Policy and Regulations, Corporate Security, Air Canada
Mr. Bill Devlin, Manager Hub Development, Air Canada
Ms Anne Murray, Vice President, Community and Environmental Affairs, Vancouver International Airport

What we heard:

Access to restricted areas; Pre-board screening of passengers; National standards for technology, training and screening; Issuing and checking of passes; Governance; Policing; Organized crime; Customs; Cargo; Courier parcels; Emergency preparedness; Co-ordination of various agencies.

Hearing in Toronto (June 24, 2002)

Who we saw:

Mr. Larry Fleshman, General Manager, Customer Service, (Pearson Airport), Air Canada
Mr. Iain Fernie, Regional Security operations Manager, Air Canada
Mr. Warren Maines, Director, Customer Service (Pearson Airport), Air Canada
Mr. Paul Kavanaugh, Regional Director, Security and Emergency Planning, Transport Canada
Mr. Andre Morency, Regional Director General, Ontario Region, Transport Canada
Mr. Grant Quinlan, Security Inspector, Transport Canada
Inspector Sam Landry, Officer in Charge, Toronto Airport Detachment, RCMP
Wilma Jenkins, Director, Immigration Services, Citizenship and Immigration Canada
Norman Sheridan, Director, Customs Passenger Programs, Canada Customs and Revenue Agency
Ernest Spraggett, Director, Commercial Operations, Canada Customs and Revenue Agency
Barbara Hebert, Regional Director, Customs, Greater Toronto Area Division, Canada Customs and Revenue Agency

In addition, the Committee heard in-camera from some individuals in the aviation industry who provided advice about possible areas of investigation. These comments were transcribed and the individuals agreed that their comments but not their names could be printed in the Committee Proceedings.

The Committee also invited four other witnesses to appear at the Toronto hearings: Greater Toronto Airport Authority, Federal Express, Canada Post and Peel Regional Police, but they declined to come. Canada Post appeared subsequently in Ottawa in August.

What we heard:

Screening of mail and cargo; Policing; Co-operation with police; Organized crime; Issuing of passes; Screening of employees; Screening of baggage; Governance; Equipment; Air Canada hiring practices; ID checking; Governance; Perimeter and tarmac security; Fixed base operators.

Hearing in Ottawa (August 14, 2002)

Who we saw:

Mr. Art Laflamme, Senior Representative, Air Line Pilots Association International

What we heard:

Protocols, procedures and training for pilots and flight attendants; Cockpit doors; Air carrier protective officers; Airside passes and searches; Forged ID and a new restricted area pass system.

Hearing in Ottawa (August 15, 2002)

Who we saw:

Mr. Peter McInenly, Vice President, Business Alignment, Canada Post
Mr. Fred Johns, General Manager, Logistics and Processing Strategies, Canada Post
Mr. Bob Stiff, General Manager, Corporate Security, Canada Post
Mr. Dave McLeod, Lead Station Attendant, International Association of Machinists and Aerospace Workers
Mr. Rob Deemert, Cabin Security, International Association of Machinists and Aerospace Workers
Mr. Paul Lefebrve, president Local 2323, International Association of Machinists and Aerospace Workers

What we heard:

Airside passes and searches; Co-operation with police; Screening of baggage; Screening of mail; Parcels and cargo; ID checking; Employee security.

Hearing in Ottawa (November 4, 2002)

Who we saw:

Mr. Chuck Wilmink, Consultant, Former Manager Corporate Security, Canadian Airlines International
Captain Don Johnson, President, Air Canada Pilots Association
Captain Matt Sheehy, Chairman, Security Committee, Air Canada Pilots Association
First Officer Russ Cooper, Toronto Representative, Security Committee, Air Canada Pilots Association

What we heard:

Training of flight crew; Airside passes and searches; Screening of baggage; Screening of parcels and cargo; Forged ID and a new restricted area pass system; Surface to air missiles; Secrecy; Governance; Policing; Employee security; National pass system.

Hearing in Ottawa (November 18, 2002)

Who we saw:

Ms Sheila Fraser, Auditor General of Canada
Mr. Shahid Minto, Assistant Auditor General
Mr. Peter Kasurak, Principal, Office of the Auditor General
Mr. Richard Balnis, Senior Research Officer, Canadian Union of Public Employees
Ms France Pelletier, Legislative and Regulatory Affairs, Airline Division, Canadian Union of Public Employees

What we heard:

Financial accountability; Governance; Devolution of airport authorities; Training of customs officers; Training of immigration officers; Training of flight crews; Aircraft Protective Program; Responsibilities and duties of flight attendants; Screening of airside workers for box cutters and other dangerous weapons.

Hearing in Ottawa (November 25, 2002)

Who we saw:

Mr. Jacques Duchneseau, President and Chief executive Officer, Canadian Air Transport Security Authority
Mr. Mark Duncan, Vice-President, Operations, Canadian Air Transport Security Authority
Mr. Mike Baker, Vice-President, Corporate Management, Canadian Air Transport Security Authority
Dr. Peter St. John, Professor (retired), International Relations, University of Manitoba

What we heard:

Screening of airside workers for box cutters and other dangerous weapons; Screening of baggage; Screening of mail; Screening of parcels and cargo; Explosive detection equipment; Forged ID and a new restricted area pass system; Secrecy; Governance; Financial accountability; Training of staff.

Hearing in Ottawa (November 27, 2002)

Who we saw:

Mr. William Elliott, Assistant Deputy Minister, Safety and Security Group, Transport Canada
Ms Janet Luloff, Acting Director, Regulatory Affairs, Safety and Security Group, Transport Canada
Mr. Jean Barrette, Director, Security Operations, Safety and Security Group, Transport Canada

What we heard:

Airside passes and searches; Screening of passengers; Screening of baggage; Screening of mail; Screening of parcels and cargo; Forged ID and a new restricted area pass system; Training; Security audits; Aircraft protective officers; Governance; Secrecy; Tracing the money; Leases; U.S. practices.

Hearing in Ottawa (December 2, 2002)

Who we saw:

The Honourable David Collenette, P.C. M.P., Minister of Transport
Mr. William Elliott, Assistant Deputy Minister, Safety and Security Group, Transport Canada
Mr. Jacques Pigeon, Senior General Counsel, Transport Canada
Ms Janet Luloff, Acting Director, Regulatory Affairs, Safety and Security Group, Transport Canada
Mr. Jean Barrette, Director, Security Operations, Safety and Security Group, Transport Canada
Mr. Mark Audcent, Law Clerk and Parliamentary Counsel
Mr. John Patrick Nelligan, Senior Partner, Law Firm of Nelligan O’Brien Payne, LLP Ottawa
Deputy Commissioner Garry Leoppky, Operations, Royal Canadian Mounted Police
Superintendent R. J. (Ray) Bonnell, Officer in Charge, Protective Services branch

What we heard:

Aircraft Protective Officers; Training of crew; Airside passes and searches; Screening of mail, cargo and baggage; Surface to air missiles; Secrecy; Obligations of witnesses; Governance; Fixed base operators; Security audits; Financial accountability; Leases; New airports.

SECURITY IMPROVEMENTS

The Committee invited Transport Canada to provide a list of security improvements undertaken in response to September 11, 2001. The department submitted the following highlights:

1. The establishment of the Canadian Air Transport Security Authority (CATSA) to provide pre-board screening of passengers and their belongings with improved screening practices;

2. Purchasing and installing (through CATSA) of advanced explosives detection systems (EDS) at airports;

3. More security inspectors on the ground at airports and improvements to airport screening practices;

4. Establishment of the Canadian Air Carrier Protective Program which places RCMP officers on selected international and domestic flights;

5. Strengthening of cockpit doors;

6. Funds to support aviation security-related policing at major airports;

7. Expansion of CATSA’S mandate to include screening of non-passengers at airports and the development of an enhanced pass system for non-passengers who require access to restricted areas at airports.

Source: Statement by William Elliott, Assistant Deputy Minister, Safety and Security, Transport Canada, November 27, 2002

The Committee invited Canada Customs and Revenue Agency to provide a list of security improvements undertaken in response to September 11, 2001. The department submitted the following highlights:

1. Customs immediately instituted a national Level 1 security alert for all ports. We continue to maintain this alert status. At international airports, a high level of scrutiny continues to be focused on flights originating from outside North America. 100% of passengers arriving from countries other than the U.S.A. must produce identification and be screened on our databases (IPIL, ICES). Cargo and Courier shipments associated with high-risk countries are targeted for examination, both inbound and outbound.

The CCRA has developed a risk based Border Management Plan which lists “Terrorism” as the number 1 priority for airport operations. The training of both new and experienced customs officers in screening and examinations techniques as well as in the use of new technology continues to be a priority for the CCRA. The CCRA continues to work closely to fight the threat of terrorism with our partners in security, particularly the RCMP, CSIS, CIC and the US Customs and Immigration Services.

2. In international airports, all pilot programs for in transit passengers bypassing Canadian Inspection facilities were suspended. Presently, all passengers arriving in Canada must be screened by Customs Officers prior to transiting to their onward destination. The only exception is the Vancouver International Airport where the In transit Pre-clearance Pilot Project allows international in transit passengers to proceed directly to a secure the U.S. Pre-clearance facility.

3. There has been an increase in the use of technology for the screening of persons, baggage and goods, including commercial goods and courier shipments. The following equipment has been ordered and/or implemented at Canadian airports since September 11, 2001: mobile and stationary x-rays, ionscans, detector dogs, fibrescopes, density meters and mobile VACIS gamma ray systems.

4. The CANPASS program which allowed telephone reporting center (TRC) clearances of private aircraft was suspended. As of December 2002, the program is back in operation at a reduced number of sites. In addition, the verification rates attached to the CANPASS program are being managed on a risk assessment basis. All high risk flights are subject to a 100% examination rate.

5. The CCRA and Citizenship and Immigration Canada (CIC) are developing a system to obtain and analyze information for pre-screening passengers prior to their arrival in Canada. There are two components to this initiative, API -- identifying data collected by an air carrier during the check-in process for each traveller on the flight, and PNR -- created once an individual makes a reservation which details the passenger’s travel itinerary, contained within a carrier’s reservation system. Analyzing traveller data such as travel patterns and booking information will assist the CCRA in targeting individuals who are suspected of being involved in terrorist activity or other criminal acts. The CCRA successfully implemented the Passenger Information System (PAXIS) on October 7, 2002 at eight international airports across Canada (Vancouver, Winnipeg, Edmonton, Calgary, Toronto, Ottawa, Dorval and Halifax).

6. As part of the Shared Border Accord, Joint Passenger Analysis Units (JPAU) are being piloted in two sites, Vancouver and Miami. Members of these units include officers from the CCRA, United States Customs Service (USCS), CIC and the United States Immigration and Naturalization Service (USINS). Using the API/PNR information detailed in the previous section, JPAU teams will target high risk passengers arriving in either Canada or the U.S.A. with a primary focus on anti-terrorism and national security related issues which may include other criminal activity, contraband enforcement, human smuggling and trafficking, etc.

Source: Canada Customs and Revenue Agency, December 2002.

SECURITY RESPONSIBILITIES AT PEARSON AIRPORT

On June 24, 2002, Inspector Sam Landry of the Royal Canadian Mounted Police, Toronto Airport Detachment, advised the Committee that there are 82 agencies at the Toronto airport that have enforcement of regulatory responsibilities. On August 2, 2002, he sent the following list to the Committee:

Royal Canadian Mounted Police

Drug Section
VIP Security
Immigration and Passport
Customs and Excise
Prime Minister’s Protection Detail
Federal Enforcement Section
Proceeds of Crime

Peel Regional Police
Canadian Security Intelligence Service
Greater Toronto Airport Authority
Canada Customs and Revenue agency
Citizenship and Immigration Canada
Passport Office (Department of Foreign Affairs and International Trade)
U.S. Immigration and Naturalization service
U.S. Customs
Transport Canada
NAVCANADA
Corps of Commissionaires
Ontario Provincial Police
Toronto Police Service
York Regional Police
Niagara Regional Police
Hamilton Wentworth Regional Police
Halton Regional Police
Canada Post
Federal Express
Purolator
United Parcel Service
Group 4
Wackenhut
Mississauga Fire Department
Toronto Fire Department
Health Canada
Regional Municipality of Peel
Toronto Transit Authority
Canadian Food Inspection Agency
Agriculture and Agri-Food Canada
Environment Canada

Inflight Kitchens
CARA

Paragon Security
Alpha Security
ASP Security
Canadian Military Police
JTF2
Airport Group Canada
U.S. Federal Aviation Administration
U.S. Secret Service
U.S. State Department
Central Intelligence Agency
El Al Airlines Security
Air Canada Security
Air Transit Security
Sky Service Security
AMF Security
U.S. Air Security

GREATER TORONTO AIRPORT AUTHORITY

The Committee wishes to note that the absence of input into its study from the Greater Toronto Airports Authority was no oversight. The GTAA was invited to meet with the Committee on more than one occasion, but Mr. Louis Turpen, the Authority’s President and Chief Executive Officer, declined to meet with Senators, referring to section 4.8 of the Aeronautics Act, the Canadian Aviation Security Regulations made under the authority of that Act, section 32 of the Canadian Air Transport Security Act and sections 38.01 and 38.02 of the Canada Evidence Act.

In a legal opinion concurred in by Mr. John Nelligan, Q.C., senior partner with the Ottawa law firm Nelligan, O’Brien Payne, the Law Clerk and Parliamentary Counsel of the Senate, Mr. Mark Audcent, advised the Committee that it had the right to summon Mr. Turpen and to order him to answer any and all of its questions, without exception. Counsel advised that the legislation cited was no impediment to the Committee’s power to carry out its order of reference or to Mr. Turpen providing information to Parliament. However, given Mr. Turpen’s exchanges with the Committee

Clerk and the fact that the Committee had obtained, from better sources with more specific knowledge, all the information it needed from the GTAA, the Committee decided that Mr. Turpen’s testimony would be redundant at this time.

As for Mr. Turpen’s excuses, the attached legal opinions speak for themselves.

Chronology of contacts with Greater Toronto Airport Authority

May 30, 2002 – The Committee Clerk telephoned Ms Lorrie McKee, Director, Government Relations, to ask GTAA for a fact-finding visit, including a briefing and a tour. The Clerk explained that press would be invited to accompany the Committee, a procedure that the Committee follows on all visits. Ms McKee agreed to speak to senior management about this visit.

June 4, 2002 - Ms McKee called the Clerk to say that GTAA would not accept the invitation to participate in the Toronto fact-finding visit. Ms McKee indicated that GTAA was prepared to come to a public meeting. The Clerk sent a formal invitation for a fact-finding visit by fax to GTAA, noting that the Committee had conducted similar visits in Montreal and Vancouver.

June 5, 2002 - The Clerk also sent by fax a copy of a letter of invitation to Mr. Louis Turpen, President and Chief Executive Officer of GTAA.

June 7, 2002 - Mr. Turpen sent a letter by fax to the Chair. He indicated that GTAA would be willing to share its views but “given the confidential nature of the subject, we would require that the meeting be confidential”.

June 10, 2002 - The Clerk telephoned Mr. Turpen to explain the focus of the proposed visit, noting the Committee’s current order of reference to study the need for a national security policy. Mr. Turpen continued to ask for an in-camera meeting.

June 21, 2002 - The Clerk sent a letter to Mr. Turpen formally acknowledging the letter of June 7, 2002, sent to the Chair.

July 10, 2002 - Mr. Turpen sent a letter to Clerk indicating that he was reluctant to appear in a public forum where the press is in attendance.

August 20, 2002 - Mr. Turpen sent a letter to the Committee Chair withdrawing his offer to meet privately with the Committee.

August 21, 2002 - Clerk sent a letter to Mr. Turpen indicating that she would bring his letter to the attention of the Committee when the Senators held their next meeting.

September 3, 2002 – Mr. Turpen sent a letter to the Clerk repeating his position.

November 4, 2002 – The Senate Law Clerk provided two legal opinions, noting that Mr. Turpen had an obligation to appear and to testify.

June 4, 2002

Ms Lorrie McKee
Director, Government Relations
Greater Toronto Airports Authority

Dear Ms McKee:

Pursuant to our telephone conversation today, I am writing to formally invite the Greater Toronto Airports Authority to meet the Standing Senate Committee on National Security and Defence during its fact-finding visit to Toronto on June 24, 2002. The Committee would like to see the facilities at Pearson Airport and have an opportunity to talk to representatives of the Greater Toronto Airports Authority about security operations at the airport.

The Committee has undertaken similar fact-finding visits to the Dorval Airport as well as the Vancouver Airport, and has found these visits to be worthwhile in helping to develop a better understanding of security operations. As Pearson Airport is Canada’s busiest airport, the Committee believes that a visit to your facility would be an important part of its current study on a national security policy.

We hope that the Greater Toronto Airports Authority will give favourable consideration to our request.

Yours sincerely,

Barbara Reynolds
Committee Clerk

June 7, 2002

The Honourable Colin Kenny
The Senate of Canada

Dear Senator Kenny:

I understand from recent media reports that you experienced some type of security incident at Toronto Pearson International Airport. I have also been made aware by my staff that the Standing Senate Committee on National Security and Defence, of which you are the Chair, has formally invited the Greater Toronto Airports Authority to meet during its fact-finding visit to Toronto on June 24, 2002. I am uncertain as to whether the Committee’s request is related to your experience or to the larger subject of post-September 11 aviation security. It would be helpful if you could clarify the scope of the Committee’s request.

With respect to your personal experience, we have attempted to determine on a number of occasions exactly what security experience you might have had at Pearson Airport. Unfortunately, up to the present we have been unable to ascertain from you or your staff the exact nature of your experience, and whether it related to the airport, airline, customs, immigration or transport responsibilities. As a person who has been a long-time advocate of airport security and a pioneer in many procedures used today, I would be personally interested to address the issue you experienced, particularly if it did entail a security deficiency. I would therefore invite you to supply details of this incident. We will always seek to maintain the highest level of security at Pearson Airport.

Further to your request to meet on June 24^th, it would be helpful, as I indicated previously, to understand the scope of your interest to ensure that the appropriate people would be present. While we recognize that aviation security is a CATSA responsibility, we would be pleased to share our views from the airport perspective. Given the confidential nature of the subject, we would require that the meeting be confidential and would obviously need to verify the security clearances of the persons in attendance. I look forward to hearing from you.

Yours very truly,
Louis A. Turpen

June 21, 2002

Mr. Louis A. Turpen

Dear Mr. Turpen:

In my capacity as Clerk of the Senate Committee on National Security and Defence, I am writing to acknowledge your letter of June 7, 2002 addressed to the Honourable Colin Kenny, Chair of the Committee.

In your first paragraph, you asked whether the invitation to meet with the Committee was related to Senator Kenny’s experience at the Pearson Airport or whether it was part of a larger subject. You will recall that I telephoned you on June 10, 2002 to explain that the invitation was part of a study on the need for a national security policy. Following our conversation, I sent by fax, a copy of the Committee’s order of reference as well as a two-page excerpt on this subject from the Committee’s February 2002 report entitled Canada’s Security and Military Preparedness.

With respect to the Chair’s personal experience at Pearson Airport, he has asked me to advise you that he has informed the Minister of Transport as well as officials from Transport Canada about his experience. Undoubtedly, they will be in touch with you if they deem it appropriate.

The third paragraph of your letter seems to contradict the information that I was given on June 4, 2002 by your Director, Government Relations, Lorrie McKee. She indicated to me that the Greater Toronto Airport Authority was not prepared to meet the Committee during a fact-finding trip but was prepared to meet in a public meeting of the Committee. This information was conveyed to the Committee.

I have been instructed by the Committee to advise you that it is concerned about the approach that the Greater Toronto Airports Authority is taking about this matter. We would encourage you to consult with legal counsel concerning your obligations to meet with the Committee.

Yours sincerely,

Barbara Reynolds
Committee Clerk

July 10, 2002

Ms Barbara Reynolds
Committee Clerk

Dear Ms Reynolds:

Thank you for your letter of June 21^st as well as a copy of the Committee’s order of reference and excerpt entitled “Canada’s Security and Military Preparedness”.

With respect to Senator Kenny’s experience at Pearson, I am pleased that he has shared that experience with the Minister of Transport. Since Transport Canada has not shared the Senator’s experience with us, I am led to conclude that it probably was not a “security breech” which is gratifying.

Thank you for your caution with respect to the need to consult with legal counsel concerning GTAA’s obligations to meet with the Committee. I have indicated that I am always prepared to appear before the Committee to discuss security issues in a meaningful and unvarnished fashion. However, I am sure you can appreciate my reluctance to have a discussion of this nature in a public forum and as I understand it, all of the Senate’s meetings have been conducted with the press in attendance.

Again, thank you for sharing your thoughts.

Yours very truly,
Louis A. Turpen

August 20, 2002

Senator Colin Kenny
Chair, Standing Senate Committee on National Security and Defence

Dear Senator Kenny:

I have been provided with a copy of your column in the August 15^th Globe and Mail as well as a transcript of your interview on Canada AM on August 19^th. Your continued practice of sharing everything you hear with respect to aviation security with the press causes me significant concern. I had assumed that, as a Senator and a member of the Government of Canada, you would have been thoroughly briefed with respect to aviation security matters and the need to safeguard sensitive information. Apparently, I was mistaken. Your comments also suggest that even though you have held previous hearings on the subject of airport security, you have not yet understood security arrangements.

Security at Canadian airports is a shared responsibility among airport operators, airlines and the agencies publicly entrusted to ensure the highest standards possible, among them, Transport Canada, the Canadian Air Transportation Security Authority (CATSA), Customs & Immigration, local police forces and the RCMP. Furthermore, security procedures are carried out under a legal regime which is designed to safeguard sensitive information from public disclosure, whether by Senators in the Globe and Mail or elsewhere. Please see the Aeronautics Act, section 4.8 the Canadian Aviation Security Regulations, SOR/2000-111, the Canadian Air Transport Security Authority Act, section 32 and the Canada Evidence Act, sections 38.01 and 38.02. I draw your attention particularly to the Canada Evidence Act. I would also point out that it is not clear whether your Committee even has the capacity, under the Rules of the Senate, to hold in camera hearings in order to keep confidential any information that might be given to the Committee.

I have never believed that providing a road map to terrorists who are constantly searching for weaknesses in the system is in the public’s interest. You obviously feel differently. The phrase “loose lips sink ships” comes to mind.

Given the manner in which you have elected to handle your enquiries, I formally withdraw my previous offer to meet privately with you and your Committee. Any discussion you may wish to have with the GTAA on this topic can only occur after the necessary approvals have been obtained from the Attorney General of Canada under the Canada Evidence Act and the Minister of Transport under the Aeronautics Act and the Canadian Air Transport Security Authority Act.

Yours very truly,
Louis A. Turpen

cc: GTAA Board of Directors
The Hon. David Collenette

August 21, 2002

Mr. Louis A. Turpen
Greater Toronto Airports Authority

Dear Mr. Turpen:

In my capacity as Clerk of the Senate Committee on National Security and Defence, I am writing to acknowledge your letter of August 20, 2002 addressed to the Honourable Colin Kenny, Chair of the Committee.

Please be assured that your letter will be brought to the attention of the members of the committee during their next meeting, likely in mid-September.

I would like to note the sequence of events that have taken place. On June 4, 2002, the Director of Government Relations for the Greater Toronto Airports Authority, Lorrie McKee, indicated that your organization was not prepared to meet the Committee during its fact-finding visit to Toronto, but was prepared to meet in a public meeting of the Committee. Later that day, the Committee issued an invitation to appear at a public meeting in Toronto, but on June 7^th you sent a letter indicating that the meeting would need to be confidential. Now you have withdrawn your offer to meet privately with the Committee.

The Committee is continuing its examination of security operations at airports and will be calling a number of witnesses to testify. As mentioned earlier, your letter will be considered by the committee at its next meeting.

Yours sincerely,
Barbara Reynolds
Committee Clerk

September 3, 2002

Ms Barbara Reynolds
Committee Clerk

Dear Ms Reynolds:

I refer to your letter dated August 21, 2002 written in response to my letter of August 20, 2002. While the issues I raised in that letter stand, I would like to clarify our response to your requests.

On my direction, on June 4, 2002 Ms Lorrie McKee contacted you to indicate that the greater Toronto Airports Authority (GTAA) was not prepared to discuss security issues with the Senate Committee on National Security and Defence at a fact-finding meeting, open to the media, which was scheduled to be held in Toronto on June 24^th. It was also stated that the GTAA understood that Senate Committees had the authority to require witnesses to appear at formal hearings, but that the meeting in question was not a formal hearing of the committee, rather it was a fact-finding session.

On receipt of your letter of June 4^th, I repeated this position as set out in my August 20^th letter that I was not prepared to meet the Committee to discuss security issues in public, but that I was willing to meet on a confidential basis. The subsequent actions and statements by Senator Kenny led me to withdraw this offer.

I trust this clarifies our position.

Yours very truly,

Louis A. Turpen

LEGAL OPINIONS PROVIDED TO THE COMMITTEE

Mr. Mark Audcent, Senate Law Clerk and Parliamentary Counsel, and Mr. John Nelligan, Q.C., LSM, Senior Partner, Nelligan O’Brien Payne, appeared as witnesses on December 2, 2002 to discuss the obligations of persons to appear before Senate committees. Details of this testimony can be found in Issue 5 of the Committee Proceedings. These are posted on the Committee’s website: www.sen-sec.ca.

Executive summary of the legal opinion provided by the Senate Law Clerk and Parliamentary Counsel

To: The Honourable Colin Kenny, Chair
Standing Senate Committee on National Security and Defence

From: Mark Audcent,
Law Clerk and Parliamentary Counsel

Re: Obligations of Witnesses in the Context of Aviation Security

Date: November 1, 2002

In the context of the general obligation of witnesses to testify before parliamentary committees that require their testimony, you asked me to consider the impediments if any imposed by the law referred to in the letter of August 20, 2002, addressed to you by Mr. Louis A. Turpen, President and Chief Executive Officer, Greater Toronto Airports Authority.

As impediments to testifying, Mr. Turpen invokes section 4.8 of the Aeronautics Act, section 32 of the Canadian Air Transport Security Act and sections 38.01 and 38.02 of the Canada Evidence Act. He also invokes the Canadian Aviation Security Regulations, SOR/2000-111, made under the authority of the Aeronautics Act.

I examined the constitutional context and the authorities invoked and have concluded that none of the legislation invoked by Mr. Turpen would be grounds for him to refuse to appear before a parliamentary committee or to refuse to answer a question in committee proceedings. If summoned, his legal obligation is to appear. If ordered to answer, his legal obligation is to answer. To fail to appear or answer would be a contempt of Parliament.

Mr. Turpen, the Attorney General and the Minister of Transport may wish to consult with each other before Mr. Turpen appears, but the Committee is under no legal obligation to obtain the approval of either Minister or to see that its witnesses have done so. Nor do the Ministers have the power to excuse the witness from testifying. Should the Committee seek information from Mr. Turpen the disclosure of which would be protected in a forum other than Parliament on the grounds that it is sensitive or potentially injurious, Mr. Turpen is entitled to draw that fact to the Committee’s attention and to seek to be excused from answering the particular question on those grounds. The Committee could either excuse Mr. Turpen from answering, arrange to receive the information in camera or order Mr. Turpen to answer in a public hearing. Mr. Turpen will enjoy absolute privilege for anything he says in the course of the committee proceedings, and cannot therefore be questioned concerning his testimony in any court or place outside of Parliament.

Extract from letters providing a legal opinion from Mr. John Nelligan, Q.C., LSM, Senior Partner, Nelligan O’Brien Payne:

“I am in complete accord with your opinion with regard to the power of the Standing Senate Committee on National Security and Defence to summon Mr. Turpen or any other person who has information to provide with regard to airport security.”

“I note that Mr. Turpen’s letter, while generally censorious regarding the release of information which in his opinion should not be released, does not indicate any particular matter which fell within the strictures described in the statutes he refers to.”

“I agree with you that the authorities are clear that the Standing Senate Committee on National Security and Defence has a clear and unfettered authority to summon Mr. Turpen or any other interested party and require them to answer any questions relevant to the subject matter of the Inquiry. Any failure to appear would be subject to the sanctions outlined in your report to Senator Kenny. Mr. Turpen may be able to withdraw an offer to meet privately with the Committee but he cannot refuse to attend when served with a summons to that effect.”

“The concerns which Mr. Turpen has raised in his letter are matters which might be appropriately raised by him when he appears before the Committee, when the Committee may well decide to take one of the steps that you have outlined to preserve the confidentiality of any sensitive material.”

“Mr. Turpen cites various statutory provisions which he suggests are bars to investigation by the Committee. The authorities cited in your report make it clear that no such bars are applicable.”

PEEL REGIONAL POLICE SERVICE

Peel Regional Police, after several invitations, also failed to accept the Committee’s invitation to appear after initially indicating they could be available.

The Committee notes that it is unacceptable for any Police Service to shirk its responsibility to appear before Parliament and testify honestly without fear or favour.

Notwithstanding its contractual relationship with Mr. Turpen and the Toronto Airport Authority, its failure to appear did nothing to enhance its reputation or of that of its Chief Constable.

EXHIBITS

Exhibit #1: Material provided by Transport Canada