Digests

Decision Information

Reference re Marine Transportation Security Regulations

Collection Digests
Date 2009-07-21
Neutral citation 2009 FCA 234
Report citation [2009] 4 F.C.R. D-16
File numbers A-497-07
Subjects Constitutional Law - Charter of Rights
Notes Full-Text Decision

Decision Content

Citation:

Reference Re Marine Transportation Security Regulations, 2009 FCA 234, [2009] 4 F.C.R. D-16

A-497-07

Constitutional Law

Charter of Rights

Reference to the Court by Attorney General of Canada pursuant to Federal Courts Act, R.S.C., 1985, c. F-7, ss. 18.3(2), 28(2) for determination of constitutional validity of Marine Transportation Security Regulations, SOR/2004-144—Regulations creating scheme for screening workers employed in security-sensitive positions at ports in Canada—Issue whether Regulations breaching Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) as unreasonable intrusion into privacy of employees, as result of which their employment may be jeopardized and their liberty compromised by potential disclosure to foreign government of information collected about them—No evidence proving that Regulations breaching Charter, ss. 2, 7, 8, 15—Charter, s. 1 analysis not necessary.

Reference re Marine Transportation Security Regulations (A-497-07, 2009 FCA 234, Evans J.A., judgment dated July 21, 2009, 41 pp.)

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