The Federal Court granted judicial review of a reliability-status revocation, finding procedural fairness was met but the decision unreasonable because of a central factual error.
The Federal Court dismissed judicial review of an RCMP decision denying Hamid Alakozai Enhanced Reliability Status, finding the decision reasonable on the record.
The Federal Court granted judicial review because the Delegate failed to address an Independent Advisor’s contrary conclusion on a marine security clearance cancellation.
Because the PSLRA and the FAA require terminations to be for cause, the Board has jurisdiction under s.209(1)(c) and ss.12(1)(e) and 12(3) FAA to examine whether a revocation of reliability status was based on legitimate grounds; the adjudicator reasonably found the revocation unjustified and therefore the termination was not for cause.
The Board has jurisdiction under paragraph 209(1)(c) of the PSLRA to examine the merits of an employer’s decision to revoke an employee’s reliability status and to determine whether the stated grounds are valid security-based reasons or a disguised disciplinary action; the Board’s conclusion that the revocation and resultant suspension and termination were unjustified and constituted disguised discipline was reasonable and the application for judicial review is dismissed.
Source excerpt
Jurisdiction of adjudicative body under pslra s.209(1)(c)
Judicial review of a transportation security clearance cancellation was dismissed; the Court found no procedural unfairness and upheld the Minister's reasonable risk assessment.
The Federal Court dismissed judicial review of a PSLRA adjudication, upheld the suspension discipline finding, and found the reliability-status rulings administrative and outside jurisdiction.
Judicial review of the revocation of a Transportation Security Clearance was dismissed. The Court found no breach of procedural fairness and held the decision was reasonable on the evidence.
The Supreme Court held that refusal of Top Secret security clearance was a management decision, not part of the merit-based selection process, and dismissed the appeal.