Too many coincidences for me not to enter this post about what a friend of Brock proposes as “CATCA”.

Today, Furious AC commented:

The IGA Canada signed could have been simply had a word or paragraph change as well to protect Canadian Citizens and Permanent Residents and was proposed several times by other than Conservative MPs and it was rejected out of hand with the phrase “Congress has spoken”.. well Congress actually did not speak nor did they vote for a senate majority stamp of approval, yet our government pushed through this monstrosity KNOWING how easily it could be changed to actually do what it pretends to intend. That’s how Ottawa works!!

Yesterday I got an email with a *CATCA* proposal — see it below*. I had just read a comment from GwEvil:

How’s this for extreme irony?

http://www.theglobeandmail.com/news/politics/ottawa-threatens-to-block-buy-america-rules-in-canada/article22079182/?click=sf_globe

“The application of these protectionist trade restrictions on projects on Canadian soil by a foreign government is unreasonable,” said Max Moncaster, Mr. Fast’s press secretary.

This comment at the Globe and Mail article had a relationship to the *CATCA proposal* just below:

A year ago I was invited at their expense to present some research to american government people in Washington DC.
They offered to book my flights through a third party agency that is contracted by the State Department and a few others.
Fine I said give – me two options and I’ll pick one.
They came back with two options both of which were on US based airlines
Both bookings had me flying from Ottawa to DC normally a flight of around 80 minutes, going via US regional hubs making the flights about four hours each one way.
I sent them an itinerary for An air Canada flight – direct and cheaper.
They told me it doesn’t matter – buy american rules obligate them to book through US airlines regardless of price or efficiency.
I declined the offer to present my research in the usa for this reason and will do so again.
They came back with two options both of which were on US based airlines
Both bookings had me flying from Ottawa to DC normally a flight of around 80 minutes, going via US regional hubs making the flights about four hours each one way.
I sent them an itinerary for An air Canada flight – direct and cheaper.
They told me it doesn’t matter – buy american rules obligate them to book through US airlines regardless of price or efficiency.
I declined the offer to present my research in the usa for this reason and will do so again.

The *CATCA proposal*, introduced by email as:

So now I’d like you to consider (and then let me know what you think about) my perspectives on dual-citizenship, border controls, sovereign rights and international relations evolving from past history to modern-day enlightenment. Three things to get started:
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First, it is well established in history that every sovereign nation has an absolute right to control the movement of people across its borders — and there is nothing in today’s world to challenge this (barring major Treaty accords like the European Union’s right of free movement).
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Second, as a general principle a traveler cannot be denied entry into the country of his citizenship — and again, there is nothing in today’s world to challenge this
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Third, if that person happens to have another citizenship, then the country to which he’s seeking admission can require him (upon entry and stay and exit) to present himself only as a citizen of that country (and not the other one) — namely the issue of Boris Johnson, Ginny Hillis and many others like them.
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However, the latter principle is open to challenge because in today’s world, most modern democratic enlightened countries no longer raise a fuss over it — for example, an American citizen entering the UK with a US Passport showing a British birth-place generally encounters no impediment. Therefore, the United States with its appalling treatment of visitors like Boris Johnson and Ginny Hillis needs to face some push-back (with very sharp teeth) from other countries.
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This is what I think Canada can do to hit back at America over FATCA and the “Accidental” Dual-Citizen problem — that is, if Harper’s successor has any guts:

Considering each Country’s scope of dis-proprtionate leverage, Canada could use its unique Sovereign gift from geography and history to retaliate against FATCA with something like CATCA (“Canadian-Airspace-Transit-Control-Authorization”). I came up with this CATCA idea — basically from just looking at a map.

International civil aviation agreements notwithstanding, my concept is not about banning any particular aircraft — but simply mandating a no-fly list for individual persons who are employed by an increasingly unfriendly American Government.

FATCA is a blatant US extra-territorial legislative over-reach, that has been put into effect by means of US coercion — using its “800-Pound-Gorilla” dominance of the world’s financial system.

When eventually challenged in a WTO (World-Trade-Organization) Tribunal, FATCA will be condemned as a Protectionist measure — and sanctioned accordingly. But in the meantime, FATCA is causing havoc around the world — and especially in Canada.

I can think of only one arena where Canada has dis-proprionate leverage over the US — namley its sovereign airspace through which most northern hemisphere intercontinenal flights must follow their great circle routes. The Canadian Parliament (or maybe just the Prime Minister on his own Executive Authority) could enact a CATCA which, while still allowing unhindered flight through its airspace, would create a FATCA-like logistical nightmare and hugely expensive administrative burden for the US.
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(1) The object of CATCA would be to ban all US Government employees (at the National, Regional and Local levels) from transiting through Canadian airspace (as passengers and crew) between the US and any country other than Canada itself. (In other words, they could still fly between Canada and the US — as well as within Canada). And incidentally, such a ban would include President Obama and Air Force One.

(2) CATCA would require the US State Department and its Embassies around the world to “vet” everybody prior to flying on any aircraft that transits Canadian airspace — and pre-certify (like with a passport stamp of limited validity) that the individual is not a US Government employee.

(3) Before any aircraft takes off on a flight which will transit Canadian airspace, the Captain would electronically request permission from Canada — after declaring that there is nobody on board without a valid “vetting” certificate from the US State Department or its overseas Embassies.

(4) On a periodic basis, the US State Department and every aircraft operator would have to undertake an appropriate audit and certify under oath that they have faithfully abided by CATCA.

(5) CATCA could provide any number of reasonable exceptions — for example, allowable Military and Humanitarian missions.

(6) Canada will repeal CATCA when the US repeals FATCA and relents on its insulting treatment of visiting dual-nationals like Boris Johnson and Ginny Hillis — which is an anachronism in today’s world of modern democratic enlightened countries (of which the US claims to be the premier such nation).
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My CATCA proposal is both symmetrical and at the same time asymmetrical: On the former criterion, it is a like-for-like in terms of a huge cost and administrative headache — while on the latter criterion it is a case of David VS Goliath playing to their respective but very different strengths, namely Canada’s Sovereign Airspace (crucial to inter-continental overflights) VS America’s total domination of the world’s financial system.
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Furthermore, this CATCA concept is fully consistent with the bedrock principle of all International Relations, namely Reciprocity and Retaliation (R & R) — as in You Do FOR Us / We Do FOR You and You Do TO Us / We Do TO You.
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Although I can’t imagine the Harper Administration entertaining such a move (now that they’ve signed on to IGA) — it is nonetheless worth keeping in mind for after the next election (when hopefully the Conservatives will be out).
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Furthermore, the passing of time may very well be our friend here:
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For starters, “on-the-ground” implementation of FATCA will take quite some months (or even longer) to actually happen — and in the meantime, [ there is a good chance that Vancouver Lawyer Joe Arvay will succeed in getting an injunction until the Constitutional Lawsuit reaches finality in Canada’s Supreme Court. NOTE ADDED by calgary411, who is presenting this, the words of another: No one should be given the impression that Joseph Arvay is applying for an injunction — that is not the case. ]
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If in the future, CATCA is seriously considered for Policy by a future Canadian Administration — it has a lot of advantages over America’s own nightmarish problems in making FATCA work, for example:
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(A) CATCA does not need to chase around the world to get every Country signed on to an IGA.
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(B) Canada may not even have to pass any Legislation for CATCA — because control of Sovereign Airspace is typically an Administrative prerogative that doesn’t have to be justified to anybody else.
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(C) Unlike FATCA, there are no Human Rights / anti-discrimination issues with CATCA — because the discrimnation is not based on Citizenship or National Origin or Race or Ethnicity, but rather on who the “No-Fly” person works for. The object of restriction is that anybody employed by the US Government (at the Federal, State and Local level) may only use Canadian Airspace for flying between Canada and the USA and within Canada. For anything else (like northern hemisphere inter-continental travel) they are barred from flying through Canadian Airspace.
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(D) Also, unlike America’s own considerable burden for implementing FATCA — Canada’s burden with CATCA will be minimal: The US will have to do all the discrimation work — for their Emabssies and State Department to certify (with a Passport stamp) that every individual wishing to transit Canadian Airspace does not work for the US Government. Then it will be a simple measure for Canada’s Air Traffic Control to approve each Flight Plan after the boarded travellers have had their Passports checked (for the Americam certification stamp) — and the Airline then electronically requests Canadian Airspace Transit Authorzation.
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(E) The US logistical burden and cost to implement CATCA will be enormous — because they have no choice other than to overfly Canadian Airspace on Northern Hemisphere inter-continental flights. That will give them a taste of their own medicine — like the evil FATCA which they have coerced upon the whole world. But I’m guessing that it will never reach that point — because when faced with some real “sharp-toothed” opposition, they will just back down from their whole rotten FATCA enterprise.
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And incidentally, the rights of sovereign airspace is not lost on the minds of other countries — for example
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http://www.usatoday.com/story/news/world/2014/09/08/russia-ukraine-sanctions-close-airspace-western-airlines/15278435/