ACEC
My wife and I flew to Vancouver from Toronto on a Jetsgo charter flight in May. We wanted to take a
connecting Air Canada flight to Victoria that same night and upon arrival walked over to the Air Canada
counter. After being assured of the availability of both seats and time to board flight AC 8087 we gave the
desk staff a credit card, a valid picture ID, and proceeded to wait for our boarding passes.

Soon after our credit card payment was processed I was told that I was flagged and would not be allowed
to board the Air Canada flight. My wife who is not of Pakistani origin was told that she could, should she
choose, board the plane. I however could not. After much arguing the Air Canada staff told us that they
could do nothing about the matter as this was being ordered of them by their head-office in Montreal. With
all options denied we requested if we could book a ticket for the following day. We were told that this was
not possible. With my flagging it was highly unlikely I would be allowed to board. The booking agent did
add that it might be possible if I were to show my Canadian passport (but again there was no guarantee). I
was also told that in the future I should always carry my Canadian passport on all domestic flights. I am a
born Canadian citizen and do not need a passport to travel within Canada. I have never carried a passport
when traveling within Canada just a valid, picture identification as per Canadian regulations. We ended up
renting a car and driving to Victoria.

There are a number of issues here that Air Canada needs to address. The most basic being that Air Canada
has infringed on my right to mobility. Why was I not allowed to fly? In Air Canada’s official response to
our complaint they not only denied the entire flagging incident but also lied as to what ensued between the
Air Canada booking personnel and us. By avoiding the problem Air Canada is treading in dangerous
territory. As citizens in a democratic country we were not given reasons for not being allowed to fly. We
were not provided any means of recourse. I was judged and sentenced without being accused. As a
Canadian citizen I am owed some basic answers. Air Canada does have a system to file complaints through
their Customer Solutions and Customer Appeals. Both bodies only provide an email and fax number to file
your complaint. You do not speak to anyone. There is no telephone number and when they deign to
respond there is no route for rebuttal. The system may be appropriate for people claiming damaged
suitcases but is absolutely unacceptable in these particular instances. Even Transport Canada, which
supposedly establishes Canadian safety standards, neatly sidesteps and avoids any mention of what an
individual can do when wrongfully flagged.

It is important that the airline industry provides a means for appeal for any flagged Canadian. It is common
knowledge that the Canadian airport security system remains deeply flawed. Criteria used to select
passengers for intense screening or flagging are extremely broad. In many instances fifteen percent of
boarding passengers may be flagged. Most of the time passenger information may not even corroborate real
world intelligence, which should ideally distinguish potential terrorists from legitimate travelers. So, for
example, on an Air Canada Airbus A320 that has a capacity of 150 passengers twenty-two people would
be flagged. Twenty-two potential terrorists on any one airplane are a logic-defying statistic. Couple this with
the practice of routinely adding people into information databases who are not suspected of any wrongdoing
but inadvertently come into contact with primary suspects begs the question how any traveler can actually
remain unflagged.

Accepting the premise that I am not a terrorist what then is my crime? Is it that I am an editorial cartoonist
with the New York Times Press Syndicate which is a bit too vocal in my criticism of American foreign
policy? Or, is it that I have angered, as some conspiracy theorist friends have suggested, the Canadian
Jewish Congress with my cartoons. Or, perhaps it is because I grew up in Pakistan, or is it because of the
calls I placed to Robert Fisk in Lebanon last year? Might it possibly be my skin color, my faith, or because
of the perpetual 4pm shadow-stubble on my face? A scarier scenario would be that my name, common as it
is, has been confused with some other Shahid Mahmood. What does this mean for me? It would mean, I
think, that if there was another senseless act of extremism in North America my name and self would most
likely end up on a military ledger in Guantanamo Bay. I should not be mistaken for another’s suspicions.
It is incumbent upon Air Canada to tell me why, and if so by whom. Is it Air Canada? Or is it some branch
of the Canadian or American Federal Government? I have the right to travel freely as any law-abiding
Canadian citizen should be allowed. I am now having to jump hoops to find out why I was flagged and if so,
by whom. I took my story to the media to build a public awareness, then to lawyers, politicians, and to
advocacy groups in both Canada and the United States. I have no answers as of yet.

In an equitable society there is always a forthright way to contest an accusation. In the most banal
comparison when someone is issued a traffic ticket they themselves can set a court date to challenge the
infraction. A procedure for appealing is what is needed here. It can be a booth at the airport, a lineup at
CATSA (Canadian Air Transport Security Authority) or an appointment with a RCMP officer. It is then that
the government can attempt to strike an appropriate balance between respecting the values of equality while
also ensuring the safety of the global community. Until this happens the caveat is that many civilians will be
condemned to function under a sub-set of laws and regulations relegating them to being second class citizens
- denied the most basic of rights.
Shahid Mahmood grew up in
Pakistan. He was the editorial
cartoonist for the national
newspaper in Pakistan, Dawn.
His work has appeared in
numerous International
publications. Shahid’s
work was viewed by world
leaders at the 1997 APEC
Conference, enjoyed by John
F. Kennedy Jr., and manages
to continuously enrage
Benazir Bhutto. Shahid is
internationally syndicated
with the New York Times
Syndicate and has work
archived at the Museum of
Contemporary History in
Paris. He now lives in Toronto.
An Air Canada Flagging
Shahid Mahmood -- August 16, 2004
It has been a year since I was not allowed to board an Air Canada flight (AC-8087). I have had the case
covered in the media and on Parliament Hill but to no avail. Air Canada tells me that all security issues are
regulated by the Ministry of Transportation. A recent letter read, "Air Canada is obligated to comply with
the law and specifically with the law regarding security. We are not at liberty to disclose the specifics of
such compliance." Meanwhile the Ministry of Transportation tells me they do not regulate a no-fly list. In
the end, all I know is that my designation comes from the United States. Both Airline and Ministry refuse to
acknowledge that I was flagged even though my “High-Profile designation� was mistakenly written
on a business card by an unaware airline agent. Currently, there is no way in Canada to know if one’s
name appears on a security no-fly list.

Jean Lapierre, the Transportation Minister, has written to me only after being pressured by journalists and
the NDP in the House of Commons. His responses neatly sidestep any responsibility and tell me to seek
redress with Air Canada even though I have reiterated to him that the airline told me airport security falls
under Federal jurisdiction. On March 9th, during Question Period, Jean Lapierre categorically stated that
his Department was actually developing such a Canadian security list. This is in contradiction to his public
statements which continue to emphasize that the Government does not maintain nor enforce such lists.

Earlier this year I had given a radio interview about my circumstances on CBC’s The Current.
Immediately after the interview I was surreptitiously contacted by Jean Lapierre’s assistant. He told me
he had classified information which would help clarify matters for me. Upon meeting him I was subtly told
to “back-off�. Instead of being told anything helpful, I was asked what my political leanings were as
a syndicated political cartoonist and that all my attempts to get any type of answer would be stonewalled at
the Ministry of Transportation. I was also told that the more media presence I gave the case the “thicker
and thicker� my file would get.

The NDP have been particularly supportive during this period. They began by contacting airport officials
who corroborated my story at the Vancouver airport. This was important as Air Canada has refused to
acknowledge the incident and falsely maintain that I showed up with no proper identification. Libby Davies,
an NDP MP from Vancouver and NDP leader Jack Layton have pushed my case in the House of
Commons and at various press-conferences. I was invited to a press-conference on Parliament Hill
allowing me the opportunity to speak about my case during the unveiling of Bill C-296. This proposed Bill,
which would ban racial profiling in Canada, has the support of all the political parties with the notable
exception of the Liberal government.

The irony in all this is that the United States, a country that does not mince words about maintaining watch
lists actually provides a means for recourse. In admitting that there are watch-lists the US Government also
acknowledges that mistakes will be made and apologies will be given. People can seek redress in the
United States. There is a debate in the United States on how best to handle this problem. In Canada, on
the other hand, Public Safety Minister Anne McLellan and Jean Lapierre make regular and rhetorical
remarks to the Press continuing to deny both racial profiling and security lists. Screening and profiling
happens. The government must publicly admit to this so people have legitimate recourse channels available
to them? I am in a position now that all I can do is dial a 1-800 Home Land Security telephone number in
the United States. Hopefully I can get some answers. If that doesn’t work I have considered, as a last
resort, crossing into the United States to see what happens. If I am detained or turned back I will whole
heartedly sue Jean Lapierre and Anne McLellan upon my return. Perhaps then they will be compelled to
give me a straightforward answer.


Footnote: This opinion article was originally published in an edited version in both the National
Post and the Toronto Star
To sue or not to sue…
Shahid Mahmood -- July 4, 2005
Last May, Editorial Cartoonist Shahid Mahmood was turned away
from a Vancouver check-in counter when he tried to purchase
tickets for an Air Canada flight to Victoria. His name had been
flagged and he was apparently deemed a security risk. Since then
Mahmood has been trying to find out why he wasn't allowed to fly.
Articles by Shahid Mahmood
Enduring Operation Freedom
December 2, 2003