Federal Court rules decision to revoke pilot’s security clearance at Montreal airport over “life-threatening” online threats was reasonable

20. March 2017 0
Federal Court dismissed pilot’s application for judicial review of Transport Canada’s decision to cancel and revoke his transportation security clearance due to safety concerns arising out of life-threatening emails he had sent several years prior. Administrative law – Decisions reviewed – Judicial Review – Pilots – Procedural requirements and fairness – Professional governance and discipline ...

The appeal by Canadian National Railway (CNR) and Canadian Pacific Railway (CPR) from the Canadian Transportation Agency’s (the “Agency”) dismissal of their preliminary objection to the hearing and disposition of an application filed by the Southern Ontario Locomotive Restoration Society (SOLRS) was allowed, the Agency’s decision was set aside and the matter remitted back to the Agency with instruction that it decline to deal with SOLRS’ application for want of jurisdiction. The Agency acted beyond its jurisdiction when it disposed of SOLRS’ application, despite the fact that it was filed after the six month limitation period had expired.

Administrative law – Decisions of administrative tribunals – Transportation Agency – Limitations – Judicial review – Compliance with legislation – Jurisdiction of tribunal – Standard of review – Correctness Canadian National Railway Co. v. Canada (Canadian Transport Agency), [2008] F.C.J. No. 862, Federal Court of Appeal, May 29, 2008, Desjardins, Nöel and Blais JJ.A. The ...