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Administrative law 2021 FC 444

Plummer-Grolway v. Canada (Attorney General)

Judicial review of a security screening revocation was allowed because the applicant was not given a written statement of adverse information before the negative decision.

  • Security screening
  • Reliability status revocation
  • Statement of adverse information
  • Credit/financial assessment
  • Phoenix pay overpayment
  • Delegation of authority
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Administrative law 2020 FC 408

Omar v. Canada (Attorney General)

The Federal Court upheld the refusal of Munira Omar’s transportation security clearance, finding no breach of procedural fairness and no unreasonableness in the Minister’s Delegate’s decision.

  • Procedural fairness
  • Reasonableness review
  • Transportation security clearance
  • Association risk
  • Procedural-fairness
  • Reasonableness-review
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Administrative law 2019 FC 257

Dorélas v. Canada (Transport)

The Federal Court dismissed Mr. Dorélas’s judicial review of the cancellation of his transportation security clearance, finding no breach of procedural fairness and that the decision was reasonable.

  • Procedural fairness
  • Reasonableness review
  • Revocation of security clearance
  • Transportation security
  • Procedural-fairness
  • Reasonableness-review
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Administrative law 2018 FC 216

Byfield v. Canada (Attorney General)

Judicial review of a refusal of airport security clearance was dismissed. The Court found procedural fairness was met and the Delegate’s decision reasonable.

  • Procedural fairness
  • Standard of review
  • Discretion
  • Reliance on law enforcement records
  • Character and associations
  • Procedural-fairness
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Administrative law 2017 FC 696

Del Vecchio v. Canada (Attorney General)

The Federal Court upheld the cancellation of Mark Del Vecchio’s airport security clearance, finding the process fair and the Minister’s decision reasonable.

  • Procedural fairness
  • Reasonableness review
  • Security clearance cancellation
  • Association with organized crime
  • Misrepresentation
  • Procedural-fairness
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Administrative law 2017 FCA 30

Bergey v. Canada (Attorney General)

The adjudicator’s conclusion that the revocation of reliability status was not disguised discipline was unreasonable because she failed to assess the objective effect on the employee and overly focused on subjective employer good faith; revocation and termination were used as a vehicle to remove the employee for conduct that ordinarily attracts discipline, so the grievances related to suspension, revocation and termination must be remitted to the PSLREB to determine whether there was cause and the appropriate remedy.

  • Termination for cause
  • Disguised discipline
  • Security status revocation
  • Jurisdiction of pslreb
  • Procedural fairness
  • Judicial review
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Administrative law 2016 FC 1286

Britz v. Canada (Attorney General)

Federal Court set aside the cancellation of Carol Frances Britz’s security clearance, finding the Minister’s reasons unreasonable, unintelligible, and insufficiently responsive to her evidence.

  • Security clearance cancellation
  • Judicial review
  • Reasonableness review
  • Interpretation of administrative policy
  • Procedural fairness/transparency
  • Judicial-review
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Administrative law 2016 FC 1187

Bonnick v. Canada (Attorney General)

The Federal Court upheld the refusal of Ms. Bonnick’s transportation security clearance, finding the decision reasonable and procedurally fair.

  • Transportation security clearance
  • Reasonableness standard of review
  • Procedural fairness
  • Admission of new evidence
  • Forward-looking security risk
  • Procedural-fairness
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Administrative law 2016 FC 1181

Quan v. Canada (Attorney General)

The Federal Court dismissed Alan Quan’s judicial review of a refused transportation security clearance, finding the decision reasonable and procedurally fair.

  • Transportation security clearance
  • Judicial review
  • Reasonableness standard
  • Procedural fairness
  • Credibility findings
  • Risk assessment
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Administrative law 2016 FC 940

Imerovik v. Canada (Attorney General)

The Federal Court set aside the revocation of Florija Imerovik’s transportation security clearance, finding the decision unreasonable and ordering redetermination.

  • Security clearance revocation
  • Reasonableness standard of review
  • Procedural fairness
  • Evidentiary sufficiency
  • Transportation security
  • Security-clearance-revocation
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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.