Quote:
Originally Posted by mezzanine
Ultimately once due process runs its course, I can't see how the ban can be continued in canada. I'm not sure how this would effect YVR, maybe mininmally as most (?all) transborder flights go to larger american airports with customs.
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If the ban is enforced in the USA, it must be enforced in Canada. Attempts to remove the ban in Canada would render all international flights from Canada inadmissible at the destination country. All countries require inbound international flights to check each passenger for acceptable entry documents (passport and visa). The travel ban is reliant on the airlines being forced to conduct the document check. Consequently before anyone in Canada could challenge USCBP, the document check must be rendered inactive. The document check process is a requirement of each bilateral, no document check and no entry rights are granted by the receiving country.
Assuming that someone wanted to challenge the Trump Ban in Canada, they would have to go before a USCBP officer. In order to get before the USCBP in Canada, the airline must conduct a document check. The document check is a requirement of the airline tariff, which passengers agree to on ticket purchase and which the CTA has deemed to be compliant with Canadian law.
First step for a plaintiff is a hearing before the CTA to challenge the document check provisions in the tariff. Second step is judicial review of the CTA decision. Third step is review of the judicial review by the Supreme Court of Canada. If the Supreme Court considers the document check to be contrary to The Charter of Rights and Freedoms, the plaintiff can then go before USCBP and begin their Trump ban challenge.