Henri v. Canada (Attorney General), (2014) 469 F.T.R. 124 (FC)

JudgeLeBlanc, J.
CourtFederal Court (Canada)
Case DateSeptember 09, 2014
JurisdictionCanada (Federal)
Citations(2014), 469 F.T.R. 124 (FC);2014 FC 1141

Henri v. Can. (A.G.) (2014), 469 F.T.R. 124 (FC)

MLB headnote and full text

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

.........................

Temp. Cite: [2014] F.T.R. TBEd. DE.039

Pierre-Lougens Henri (demandeur) v. Procureur général du Canada (défendeur)

(T-1454-13; 2014 CF 1141; 2014 FC 1141)

Indexed As: Henri v. Canada (Attorney General)

Federal Court

LeBlanc, J.

November 27, 2014.

Summary:

Henri was an aeronautics mechanic who worked at the Montréal-Pierre Elliot Trudeau International Airport. The Minister of Transport, Infrastructure and Communities cancelled the security clearance that Henri had held since the late 1990s, finding that there was reason to believe that Henri might be prone or induced to commit, or to assist or abet any person to commit, an unlawful act for civil aviation. Henri applied for judicial review, arguing that the decision violated the principles of procedural fairness and was unreasonable.

The Federal Court dismissed the application.

Administrative Law - Topic 262

The hearing and decision - Right to a hearing - When right exists - [See first Aeronautics - Topic 1844 ].

Administrative Law - Topic 266

The hearing and decision - Right to a hearing - Persons not entitled to a hearing - [See first Aeronautics - Topic 1844 ].

Administrative Law - Topic 2266

Natural justice - The duty of fairness - What constitutes procedural fairness - [See first Aeronautics - Topic 1844 ].

Administrative Law - Topic 2272

Natural justice - The duty of fairness - Circumstances or powers to which duty applies (incl. extent of duty) - [See first Aeronautics - Topic 1844 ].

Administrative Law - Topic 3345.1

Judicial review - General - Practice - Evidence (incl. new evidence) - Henri was an aeronautics mechanic at an international airport - In April 2013, he was advised that his security clearance was under review because of his association with two individuals (Subjects A and C) who were involved in criminal activity, and because the RCMP suspected that he was involved in the importation of drugs through the airport - In July 2013, the Minister of Transport, Infrastructure and Communities confirmed an advisory body's recommendation and cancelled Henri's security clearance because of a reasonable belief that Henri might be prone or induced to commit, or to assist or abet any person to commit, an unlawful act for civil aviation - Henri applied for judicial review - The Attorney General objected to an affidavit that Henri offered in support of his application, arguing that it contained new facts about, inter alia, Henri's training and employment at the airport, his dealings with Subjects A and C, and his meetings with RCMP officers - The Federal Court held that the affidavit was not admissible - Judicial review did not "allow for an improvement of the factual matrix of the record" - The evidence in the affidavit did not relate to procedural fairness issues - Moreover, there was nothing to show that Henri was unable to submit this evidence to the Minister in a timely manner - See paragraphs 19 to 23.

Aeronautics - Topic 1844

Airports - Operation of - Security - Security programs - Henri was an aeronautics mechanic at an international airport - On April 12, 2013, he was advised that his security clearance was under review because of his association with two individuals who were involved in criminal activity, and because the RCMP suspected that he was involved in the importation of drugs through the airport - Henri was invited to provide additional information within 20 days - On June 20, 2013, after obtaining two extensions and retaining counsel, Henri submitted a response which included a letter from his counsel - On July 17, 2013, the Minister of Transport, Infrastructure and Communities confirmed an advisory body's recommendation and cancelled Henri's security clearance because of a reasonable belief that Henri might be prone or induced to commit, or to assist or abet any person to commit, an unlawful act for civil aviation - Henri applied for judicial review, arguing that the Minister breached the duty of fairness - The Federal Court dismissed the application - The procedural safeguard related to the process that might lead to the cancellation of a security clearance was limited to the right to know the alleged facts and the right to make representations about those facts - It did not include the right to a hearing - The standard was met in this case - See paragraphs 24 to 41.

Aeronautics - Topic 1844

Airports - Operation of - Security - Security programs - Henri was an aeronautics mechanic at an international airport - In April 2013, he was advised that his security clearance was under review because of his association with two individuals who were involved in criminal activity, and because the RCMP suspected that he was involved in the importation of drugs through the airport - Henri was invited to provide additional information, which he did - In July 2013, the Minister of Transport, Infrastructure and Communities confirmed an advisory body's recommendation and cancelled Henri's security clearance because of a reasonable belief that Henri might be prone or induced to commit, or to assist or abet any person to commit, an unlawful act for civil aviation - Henri applied for judicial review, arguing that the Minister's decision was unreasonable because, inter alia, he failed to personally consider the evidence gathered by the RCMP - The Federal Court dismissed the application - The criticism levelled at the Minister regarding evidence in the RCMP's possession indicated a misunderstanding of the Minister's role and of the verification process for security clearances - The reliability of information provided by the RCMP was considered sufficient - It was not up to the Minister to cross-check it - The onus was on Henri to demonstrate that the Minister's concerns which arose from that information were unfounded - See paragraphs 42 to 48.

Cases Noticed:

Thep-Outhainthany v. Canada (Attorney General) (2013), 425 F.T.R. 247; 2013 FC 59, refd to. [para. 5].

Clue v. Canada (Attorney General), [2011] F.T.R. Uned. 175; 2011 FC 323, refd to. [para. 7].

New Brunswick (Board of Management) v. Dunsmuir, [2008] 1 S.C.R. 190; 372 N.R. 1; 329 N.B.R.(2d) 1; 844 A.P.R. 1; 2008 SCC 9, refd to. [para. 18].

Peles v. Canada (Attorney General), [2013] F.T.R. Uned. 143; 2013 FC 294, refd to. [para. 18].

Pouliot v. Canada (Minister of Transport, Infrastructure and Communities), [2012] F.T.R. Uned. 195; 2012 FC 347, refd to. [para. 18].

Fontaine v. Transport Canada Safety and Security (2007), 313 F.T.R. 309; 2007 FC 1160, refd to. [para. 18].

Sylvester v. Canada (Attorney General) (2013), 438 F.T.R. 249; 2013 FC 904, refd to. [para. 18].

Fradette v. Canada (Attorney General), [2010] F.T.R. Uned. 587; 2010 FC 884, refd to. [para. 18].

Spasoja v. Canada (Minister of Citizenship and Immigration) (2014), 464 F.T.R. 160; 2014 FC 913, refd to. [para. 21].

Ontario Association of Architects v. Association of Architectural Technologists of Ontario, [2003] 1 F.C. 331; 291 N.R. 61; 2002 FCA 218, refd to. [para. 21].

Vennat v. Canada (Attorney General), [2007] 2 F.C.R. 647; 299 F.T.R. 12; 2006 FC 1008, refd to. [para. 21].

Chopra v. Canada (Treasury Board) et al. (1999), 168 F.T.R. 273 (T.D.), refd to. [para. 21].

Lorenzen v. Transport Canada Safety & Security, [2014] F.T.R. Uned. 102; 2014 FC 273, refd to. [para. 21].

McFadyen v. Canada (Attorney General) (2005), 341 N.R. 345; 2005 FCA 360, refd to. [para. 22].

Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 S.C.R. 817; 243 N.R. 22, refd to. [para. 27].

MacDonnell v. Canada (Attorney General) (2013), 435 F.T.R. 202; 2013 FC 719, refd to. [para. 27].

May et al. v. Ferndale Institution et al. (2005), 343 N.R. 69; 220 B.C.A.C. 1; 362 W.A.C. 1; 2005 SCC 82, refd to. [para. 27].

Rivet v. Canada (Attorney General) et al. (2007), 325 F.T.R. 178; 2007 FC 1175, refd to. [para. 27].

DiMartino et al. v. Canada (Minister of Transport) (2005), 272 F.T.R. 250; 2005 FC 635, refd to. [para. 27].

National Anti-Poverty Organization v. Canada (Attorney General), [1989] 3 F.C. 684; 99 N.R. 181 (F.C.A.), refd to. [para. 34].

Brink's Canada Ltd. v. Canada Council of Teamsters et al. (1995), 185 N.R. 299 (F.C.A.), refd to. [para. 34].

Trépanier et al. v. Canada (Attorney General) (2004), 259 F.T.R. 86; 2004 FC 1326, refd to. [para. 34].

Jarvis v. Canada (Attorney General) et al., [2011] F.T.R. Uned. 934; 2011 FC 944, refd to. [para. 43].

Kissoon v. Canada (Minister of Human Development Resources) (2004), 245 F.T.R. 152; 2004 FC 24, affd. (2004), 329 N.R. 232; 2004 FCA 384, refd to. [para. 43].

Counsel:

Tetiana M. Gerych and Caron Kljajo, for the applicant;

Sara Gauthier, for the respondent.

Solicitors of Record:

Mitchell Gattuso, S.e.n.c., Montreal, Quebec, for the applicant;

William F. Pentney, Deputy Attorney General of Canada, Montreal, Quebec, for the respondent.

This application for judicial review was heard at Montreal, Quebec, on September 9, 2014, before LeBlanc, J., of the Federal Court, who delivered the following judgment and reasons at Ottawa, Ontario, on November 27, 2014.

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18 practice notes
  • Ng c. Canada (Procureur général),
    • Canada
    • Federal Court (Canada)
    • April 19, 2017
    ...the Court to reweigh the evidence without justification. It is well-established, as reiterated in Henri v. Canada (Attorney General), 2014 FC 1141, 469 F.T.R. 124 (Henri), at paragraph 40 (afrmed in 2016 FCA 38, 395 D.L.R. (4th) 176), that the reliability of the information obtained......
  • Canada (Procureur général) c. Canada (Commissaire à l’intégrité du secteur public),
    • Canada
    • Federal Court (Canada)
    • July 29, 2016
    ...of Canada v. Canadian Copyright Licensing Agency (Access Copyright), 2012 FCA 22, 428 N.R. 297; Henri v. Canada (Attorney General), 2014 FC 1141, 469 F.T.R. 124; Air Canada v. Toronto Port Authority, 2011 FCA 347, [2013] 3 F.C.R. 605; Morneault v. Canada (Attorney General), [2001] 1 F.C. 30......
  • Lum v. Canada (Attorney General), 2020 FC 797
    • Canada
    • Federal Court (Canada)
    • July 28, 2020
    ...owed in the context of refusals to issue, renew or the cancelling of security clearance. [32] In Henri v Canada (Attorney General), 2014 FC 1141 [Henri], the applicant was an aeronautics engineer who worked in restricted areas of an international airport. Access to restricted areas was limi......
  • Rossi v. Canada (Attorney General), [2015] F.T.R. TBEd. AU.032
    • Canada
    • Canada (Federal) Federal Court (Canada)
    • June 8, 2015
    ... [2015] F.T.R. TBEd. MR.005 ; 2015 FC 210 , refd to. [para. 22]. Henri v. Canada (Attorney General), [2014] F.T.R. TBEd. DE.039 ; 2014 FC 1141, refd to. [para. 22]. Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 S.C.R. 817 ; 243 N.R. 22 , refd to. [para. 27]. Salmon......
  • Request a trial to view additional results
18 cases
  • Ng c. Canada (Procureur général),
    • Canada
    • Federal Court (Canada)
    • April 19, 2017
    ...the Court to reweigh the evidence without justification. It is well-established, as reiterated in Henri v. Canada (Attorney General), 2014 FC 1141, 469 F.T.R. 124 (Henri), at paragraph 40 (afrmed in 2016 FCA 38, 395 D.L.R. (4th) 176), that the reliability of the information obtained......
  • Canada (Procureur général) c. Canada (Commissaire à l’intégrité du secteur public),
    • Canada
    • Federal Court (Canada)
    • July 29, 2016
    ...of Canada v. Canadian Copyright Licensing Agency (Access Copyright), 2012 FCA 22, 428 N.R. 297; Henri v. Canada (Attorney General), 2014 FC 1141, 469 F.T.R. 124; Air Canada v. Toronto Port Authority, 2011 FCA 347, [2013] 3 F.C.R. 605; Morneault v. Canada (Attorney General), [2001] 1 F.C. 30......
  • Lum v. Canada (Attorney General), 2020 FC 797
    • Canada
    • Federal Court (Canada)
    • July 28, 2020
    ...owed in the context of refusals to issue, renew or the cancelling of security clearance. [32] In Henri v Canada (Attorney General), 2014 FC 1141 [Henri], the applicant was an aeronautics engineer who worked in restricted areas of an international airport. Access to restricted areas was limi......
  • Rossi v. Canada (Attorney General), [2015] F.T.R. TBEd. AU.032
    • Canada
    • Canada (Federal) Federal Court (Canada)
    • June 8, 2015
    ... [2015] F.T.R. TBEd. MR.005 ; 2015 FC 210 , refd to. [para. 22]. Henri v. Canada (Attorney General), [2014] F.T.R. TBEd. DE.039 ; 2014 FC 1141, refd to. [para. 22]. Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 S.C.R. 817 ; 243 N.R. 22 , refd to. [para. 27]. Salmon......
  • Request a trial to view additional results

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