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The Federal Court set aside a refusal of transportation security clearance, finding the Delegate’s reasons were unreasonable and insufficiently justified.
The Federal Court addressed disclosure and redactions in Brar’s Secure Air Travel Act appeal, approving some lifts and summaries and upholding other national security redactions.
La Cour fédérale a rejeté la demande de contrôle judiciaire visant le refus d’une habilitation de sécurité en matière de transport, concluant à l’équité procédurale et au caractère raisonnable de la décision.
The Federal Court dismissed a judicial review of Transport Canada’s cancellation of a security clearance, finding procedural fairness was met and the decision reasonable.
The Federal Court allowed judicial review of a cancelled transportation security clearance, finding the decision lacked specific facts and was unreasonable.
The Federal Court correctly applied no deference on procedural fairness and reasonableness on the merits; the Minister satisfied procedural fairness by disclosing the factual basis and giving an opportunity to respond, and the Minister's decision to revoke the appellant's transportation security clearance was reasonable because the appellant's familial association with a full patch member of a motorcycle club tied to criminal organizations gave rise to a reasonable belief, on the balance of probabilities, that the appellant could be prone or induced to assist unlawful interference with civil…
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The Federal Court held that the CHRC’s decision to close Deneace Green’s race-discrimination complaint was reasonable and dismissed the judicial review.
The Tribunal found on a balance of probabilities that the appellant, dressed in uniform after hours, entered a restricted area without authorization, breached the Canadian Aviation Security Regulations and his access/hiring conditions, acted recklessly such that he should have known dismissal could result, and that the misconduct was the cause of his dismissal; therefore he is disqualified from receiving Employment Insurance benefits under sections 29 and 30 of the Employment Insurance Act.
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Judicial review of a refusal to reconsider a transportation security clearance cancellation was dismissed. The Court found no new evidence and only minimal procedural fairness applied.
The Federal Court allowed judicial review of a denied transportation security clearance, finding fairness was met but the refusal was unreasonable and set aside.
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