The Canadian Civil Liberties Association sent the following letter to the Minister of National Revenue regarding CCRA's plans for a massive "Big Brother" database on the foreign travel activities of all law-abiding Canadians.

October 23, 2002

The Hon. Elinor Caplan
Minister of National Revenue
Canada Customs Revenue Agency
Connaught Building
555 Mackenzie Avenue
Ottawa, Ontario
KlA OL5

Dear Minister:

It is not often that the government of Canada is urged to change a law within a short period of its enactment. But, on behalf of the Canadian Civil Liberties Association (CCLA), I am writing to urge precisely such a course of action. I refer to the new provisions of the Customs Act that deal with the compulsory transmission of personal information regarding airline passengers and other travellers. We are encouraged to take such a position because this legislation was rushed through the House of Commons in the wake of last year's September 11^th atrocities, with virtually no scrutiny or debate from Parliament or the public. Having received second reading on September 2l^st and 24^th, it was granted royal assent on October 25th 2001.

Not only was the process a dubious one but so also is the substance of the provisions at issue. This enactment authorizes encroachments on personal privacy that depart significantly from the stated philosophy and direction of this country's legislation on the subject. Instead of focusing narrowly on certain types of personal information that might arguably be needed to serve some overriding security interests, these provisions operate more like a vacuum cleaner. They inhale a wide range of personal information into the bosom of the government where it sits ready to be exhaled for a wide range of governmental purposes.

Under these provisions, airlines and travel agents may be required to transmit to Customs authorities the kind of passenger information that normally facilitates the plans of travellers. Such information goes well beyond the traditional matters such as name, gender, date of birth, etc. Customs authorities may also extract the kind of data found in travel reservation systems; these can include medical needs, dietary restrictions, and even cohabitation arrangements at Canadian hotels. The rationale, according to a press report, is that "the analysis of travel patterns allows Customs to identify indicators for detection of suspect persons and contraband".

No department of the government of Canada should be entitled to commandeer such information simply on the basis that some of it might prove helpful in some way, on some occasion. The personal privacy of Canadian citizens and permanent residents is too important to be abrogated on the strength of such a pyramid of speculations. On the contrary, our government should not be entitled to coercively acquire so much personal information, for such a wide variety of purposes without a judicial warrant or particularly urgent circumstances. Moreover, there should be greater control over the power to retain and disclose information obtained this way.

Accordingly, CCLA calls upon the Minister to initiate the measures needed to bring about amendments to this worrisome legislation along the foregoing lines.

Sincerely.

(Original signed by)

A. Alan Borovoy
General Counsel