Refusal to give security clearance upheld on judicial review

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Refusal to give security clearance upheld on judicial review

In December 2012, applicant began working at Lester B. Pearson International Airport in part-time position with Servisair. He began working for Air Canada in part-time position in March 2013, and was working full-time by April 2013. On January 15, 2013, he applied for transportation security clearance required to work airport. Officials at Transportation Security Clearance Program requested Law Enforcement Records Check from RCMP. RCMP reported that applicant had been charged with weapons offences and drug offences in 2007, but that charges had been withdrawn. RCMP also reported that known associates of applicant all had previous criminal convictions relating to violence, drugs, or weapons. Applicant’s application was referred to Transportation Security Clearance Advisory Board. Advisory Board made recommendation that Minister refuse clearance based on conclusion that applicant may be prone or induced to commit act or assist or abet another person to commit act that may unlawfully interfere with civil aviation. Applicant sought judicial review of decision. Application dismissed. While it may seem harsh to applicant who had conducted himself appropriately since his involvement or association with criminal elements ending in 2007, Minister was entitled to rely upon those events given Ministerial discretion to refuse to give security clearances based on low threshold of whether person may be prone or induced to unlawfully interfere with civil aviation. Court could not substitute its opinion for persons who were experienced in those matters. Decision fell within range of reasonable acceptable outcomes based on evidentiary record that was before Advisory Board and Ministerial delegate and was justified by transparent and intelligible reasons.
Christie v. Canada (Attorney General) (Feb. 19, 2015, F.C., Peter Annis J., File No. T-1285-14) 250 A.C.W.S. (3d) 185.

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