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Administrative law 2024 FC 1673

Sidoli v. Canada (Attorney General)

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.

  • Procedural fairness
  • Standard of review - reasonableness
  • Security screening
  • Revocation of reliability status
  • Investigative disclosure
  • Procedural-fairness
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Administrative law 2019 FC 550

Alakozai v. Canada (Attorney General)

The Federal Court dismissed judicial review of an RCMP decision denying Hamid Alakozai Enhanced Reliability Status, finding the decision reasonable on the record.

  • Reasonableness review
  • Security screening
  • Enhanced reliability status
  • Associations and trustworthiness
  • Procedural fairness
  • Reasonableness-review
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Administrative law 2018 FC 519

Dhesi v. Canada (Attorney General)

The Federal Court granted judicial review because the Delegate failed to address an Independent Advisor’s contrary conclusion on a marine security clearance cancellation.

  • Judicial review
  • Reasonableness
  • Procedural fairness
  • Reconsideration
  • Evidence
  • Independent advisor report
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Administrative law 2017 FCA 113

Canada (Attorney General) v. Heyser

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.

  • Jurisdiction of adjudicator
  • Revocation of reliability status
  • Termination for cause
  • Disguised discipline
  • Judicial review
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Administrative law 2017 FCA 66

Canada (Attorney General) v. Féthière

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.

  • Jurisdiction of adjudicative body under pslra s.209(1)(c)
  • Revocation of reliability/security clearance
  • Termination for cause under faa s.12(1)(e)
  • Disciplinary vs administrative termination
  • Standard of review (reasonableness)
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Administrative law 2017 FC 271

Mohamed v. Canada (Attorney General)

Judicial review of a transportation security clearance cancellation was dismissed; the Court found no procedural unfairness and upheld the Minister's reasonable risk assessment.

  • Procedural fairness
  • Reasonableness review
  • Transportation security clearance
  • Risk assessment
  • Deference to administrative expertise
  • Procedural-fairness
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Administrative law 2015 FC 617

Bergey v. Canada (Attorney General)

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
  • Standard of review - reasonableness
  • Bias - reasonable apprehension
  • Jurisdiction under s.209(1)(b) pslra
  • Disguised discipline
  • Procedural fairness
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Aviation law 2013 FC 865

Ho v. Canada (Attorney General)

The Federal Court quashed the cancellation of Michael Ho’s transportation security clearance and sent the matter back for reconsideration.

  • Security clearance revocation
  • Judicial review
  • Procedural fairness
  • Reasonableness review
  • Remittal
  • Judicial-review
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Administrative law 2011 FC 323

Clue v. Canada (Attorney General)

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.

  • Judicial review
  • Procedural fairness
  • Standard of review
  • Reasonableness
  • Revocation of security clearance
  • Airport security
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Administrative law [1981] 2 SCR 90

Lee v. Attorney General of Canada

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.

  • Security clearance
  • Merit principle
  • Jurisdiction of appeal board
  • Delegation of management authority
  • Scope of s.21 public service employment act
  • Security-clearance
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.