Rossi v. Canada (Attorney General), [2015] F.T.R. TBEd. AU.032

• Judge: Bell, J.
• Court: Federal Court (Canada)
• Case Date: June 08, 2015
• Jurisdiction: Canada (Federal)
• Citations: [2015] F.T.R. TBEd. AU.032;2015 FC 961

Rossi v. Can. (A.G.), [2015] F.T.R. TBEd. AU.032

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Temp. Cite: [2015] F.T.R. TBEd. AU.032

Rossi, Joseph Anthony Nicholas (applicant) v. Attorney General of Canada (respondent)

(T-1294-14; 2015 FC 961; 2015 CF 961)

Indexed As: Rossi v. Canada (Attorney General)

Federal Court

Bell, J.

August 10, 2015.

Summary:

Rossi was employed in the food service industry at the Pierre Elliott Trudeau International Airport. He required a security clearance to gain access to restricted areas at the airport. The Department of Transportation received a Law Enforcement Records Check report that revealed links between Rossi and individuals involved in the import and export of drugs at the airport. Rossi's security clearance was cancelled. He sought judicial review.

The Federal Court dismissed the application.

Administrative Law - Topic 546

The hearing and decision - Decisions of the tribunal - Reasons for decision - General - [See second Aeronautics - Topic 1844 ].

Administrative Law - Topic 2266

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

Administrative Law - Topic 2267

Natural justice - The duty of fairness - Reasonable expectation or legitimate expectation - [See second 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 second Aeronautics - Topic 1844 ].

Administrative Law - Topic 2444

Natural justice - Procedure - Notice - Contents and sufficiency of notice - [See second Aeronautics - Topic 1844 ].

Aeronautics - Topic 1844

Airports - Operation of - Security - Security programs - Rossi was employed in the food service industry at the Pierre Elliott Trudeau International Airport - He required a security clearance to gain access to restricted areas at the airport - The Department of Transportation received a Law Enforcement Records Check report that revealed links between Rossi and individuals involved in the import and export of drugs at the airport - Rossi's security clearance was cancelled - He sought judicial review, asserting, inter alia, that the decision was unreasonable because he had never been convicted of a criminal offence and that this was "guilt by association" - The Federal Court dismissed the application - Under the Transportation Security Clearance Program Policy, Rossi's security clearance was cancelled on the basis "of reasonable belief, on a balance of probabilities, that he may be prone or induced to commit an act that may lawfully interfere with civil aviation" - The Policy was forward looking - Simply being associated with individuals involved in drug offences or members of a criminal organization was sufficient for the Minister to exercise her discretion to cancel a security clearance - Here, based on the complete record, the Minister's decision was reasonable - See paragraphs 22 to 26.

Aeronautics - Topic 1844

Airports - Operation of - Security - Security programs - Rossi was employed in the food service industry at the Pierre Elliott Trudeau International Airport - He required a security clearance to gain access to restricted areas at the airport - The Department of Transportation received a Law Enforcement Records Check report that revealed links between Rossi and individuals involved in the import and export of drugs at the airport - Rossi's security clearance was cancelled - He sought judicial review, asserting, inter alia, that a breach of procedural fairness arose from the Minister's failure to provide Rossi with adequate information about the allegations against him and from the Minister's erroneous reference, in the decision letter, to a submission from Rossi's lawyer - The Federal Court dismissed the application - The allegation that insufficient information was provided lacked merit - The Department informed him of the matters that were of concern - Rossi responded by phone and in writing - The Minister had broad power and discretion regarding security certificates - Regarding Rossi's legitimate expectations, a security clearance was a privilege, not a right - It was reasonable to expect that Rossi's personal associations would be relevant - The erroneous reference to a lawyer's submission was not a breach of procedural fairness and did not render the decision unreasonable - The decision-making was not tainted by any error that breached Rossi's right to procedural fairness - See paragraphs 27 to 35.

Cases Noticed:

Clue v. Canada (Attorney General), [2011] F.T.R. Uned. 175; 2011 FC 323, refd to. [para. 19].

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. 19].

Pouliot v. Canada (Minister of Transport, Infrastructure and Communities), [2012] F.T.R. Uned. 195; 216 A.C.W.S.(3d) 527; 2012 FC 347, refd to. [para. 20].

MacDonnell v. Canada (Attorney General) (2013), 435 F.T.R. 202; 2013 FC 719, refd to. [para. 22].

Thep-Outhainthany v. Canada (Attorney General) (2013), 425 F.T.R. 247; 2013 FC 59, refd to. [para. 22].

Christie v. Canada (Attorney General), [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 v. Canada (Attorney General), [2014] F.T.R. TBEd. DE.004; 247 A.C.W.S.(3d) 499; 2014 FC 1098, refd to. [para. 30].

Lorenzen v. Transport Canada Safety & Security, [2014] F.T.R. Uned. 102; 239 A.C.W.S.(3d) 10; 2014 FC 273, refd to. [para. 30].

Newfoundland and Labrador Nurses' Union v. Newfoundland and Labrador (Treasury Board) et al., [2011] 3 S.C.R. 708; 424 N.R. 220; 317 Nfld. & P.E.I.R. 340; 986 A.P.R. 340; 2011 SCC 62, refd to. [para. 35].

Counsel:

Roberto T. De Minico, for the applicant;

Sara Gauthier, for the respondent.

This application was heard at Montreal, Quebec, on June 8, 2015, by Bell, J., of the Federal Court, who delivered the following reasons for judgment at Fredericton, New Brunswick, on August 10, 2015.