The Transportation Security Administration (TSA) has been seeking greater access to Canadian records under the guise of their Secure Flight objectives. Launched in December of 2010, Secure Flight applies to flights into, from, or even simply over the United States (known as “overflights”.) This program requires that everyone flying in US airspace will be required to submit their personal information to the TSA for the purposes of pre-flight screening. Prior to these new initiatives, Canadians were checked against the FBI’s no-fly list. However, more advanced background checks required by the United States could cause further issues and restrictions for Canadians- even if they aren’t flying into the United States at all.
United States Access to Canadian Criminal Records
The United States has maintained access to the Canadian Police Information Centre (CPIC) for quite some time. This is the federal database that contains information for an individual’s criminal record. However, checks with this database were only conducted if a Canadian was attempting to gain entry into the United States; overflights into the United States were not subject to these background checks prior to the Secure Flight initiatives. Both Canada and Europe expressed significant trepidation regarding the new Secure Flight strategies, but in the end Canada did authorize the United States to access CPIC for the purposes of overflight pre-screening.
…more advanced background checks required by the United States could cause further issues and restrictions for Canadians- even if they aren’t flying into the United States at all.
Travelling with a Criminal Record
While records for most Canadians that do not potentially match a watch list will be destroyed after a period of 7 days, in some cases the automated system may issue a result of a “potential watchlist match.” If this occurs, records can be maintained for up to seven years- despite not having any confirmation that the individual is in fact a match for any of these watchlists. As to what these watchlists contain, no one but the TSA knows for sure. Additionally, Canadians should be aware that the TSA is authorized to collect these records from a variety of sources, including:
“Federal judicial and legislative branch entities, State, local, international, and other governmental agencies, private entities for Known Traveler program participants, and the individuals to whom the records in the system pertain.”
United States Federal Register Vol. 77 , No. 223
Essentially, the TSA will accept information from anyone who decides to offer it. In Canada’s case the federal government has already surrendered access to CPIC, although further information sharing protocols may be implemented in the future. If you are concerned about being denied due to a criminal record when traveling over United States airspace, such as for a trip to Mexico, you might wish to obtain a US Entry Waiver prior to travelling. Please contact our offices today for a free consultation.