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AIR TRANSPORTATION - Regulation - Federal - Aviation security

Thursday, August 29, 2019 @ 8:30 AM  

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Appeal by Ramos from the dismissal of his application for judicial review of the Minister of Transport’s delegate’s refusal to reconsider the decision to cancel his transportation security clearance. The appellant worked as a custodian at an international airport since 2004. In 2015, the appellant was charged with respect to two incidents of inappropriate touching and sexual assault on an exchange student who lived in his home. The charge was withdrawn in exchange for the appellant agreeing to enter into a peace bond. Because of the charge, Transport Canada reviewed the appellant’s security clearance. The appellant did not file information in response to concerns detailed in a letter he received from Transport Canada. The Minister’s delegate accepted the recommendation of an Advisory Body to cancel the appellant’s security clearance and refused to reconsider the decision.

HELD: Appeal dismissed. There was no breach of procedural fairness in the process that led to the cancellation decision that could justify a reconsideration. The letter sent to the appellant outlining Transport Canada’s concerns met its duty of fairness to the appellant. The appellant ought to have known the case against him and was provided with an opportunity to make submissions but failed to provide any information that might justify reconsideration of the recommendation to cancel his security clearance. The decision was reasonable.

Ramos v. Canada (Attorney General), [2019] F.C.J. No. 805, Federal Court of Appeal, J. Gauthier and W.W. Webb JJ.A. and M. Rivoalen A.C.J., July 15, 2019. Digest No. TLD-August26019009