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Transportation Law - Air transportation - Regulation - Federal - Aviation security

Thursday, August 11, 2016 @ 8:00 PM  

Application by Wu for judicial review of cancellation of her transportation security clearance. In 2008, the applicant commenced employment for the Airport Terminal Services at Vancouver International Airport. She obtained the requisite security clearance and a Restricted Area Identity Card (RAIC). Her RAIC was renewed in 2013. In 2015, the applicant received a letter from Transport Canada informing her that her security clearance was under review following an RCMP Law Enforcement Record Check (LERC) report. The letter advised that Transport Canada was informed her former spouse was a Full Patch member of the Hells Angels with gang affiliations. The letter advised the Transportation Security Clearance Advisory Body would be convened to formulate a recommendation to the Minister of Transport and invited the applicant to provide any information, explanation or extenuating circumstances. The applicant complied with the request, stating that her ongoing relationship with her ex-husband was involuntary and governed by a custody order. The Advisory Body found that its concerns were not dispelled and recommended cancellation of her security clearance based on the LERC report. The Minister accepted the recommendation. The applicant sought judicial review.

HELD: Application dismissed. The cancellation decision was neither unreasonable nor procedurally unfair. The basis for the applicant’s ongoing interaction with her ex-spouse did not negate or contradict the fact that he had regular and ongoing opportunities to intimidate her and to attempt to induce her to act in a manner that unlawfully interfered with civil aviation. The applicant’s good work record and current marriage to a law enforcement official were not particularly relevant to the Minister’s assessment and were not required to be expressly addressed by the Minister’s delegate. The inference that the applicant was aware of her ex-spouse’s involvement in a criminal lifestyle prior to their separation was available on the evidence. The ex-spouse’s police record provided a reasonable evidentiary basis to believe he had historically engaged in tactics using intimidation, violence and manipulation. The applicant’s own evidence indicated she did not want her ex-spouse to know where she worked. There was sufficient evidence to support the cancellation decision. The applicant was accorded procedural fairness throughout the process.