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Challenge to port worker security clearance regulations under sections 2(d), 7, and 15 dismissed.
The Canadian Maritime Workers Council brought a constitutional challenge against sections 509 and 510 of the Marine Transportation Security Regulations, alleging violations of sections 2(d), 7, and 15 of the Charter.
The provisions govern security clearances for port workers.
The Federal Court dismissed the application, finding it was bound by the Federal Court of Appeal's decision in Reference re Marine Transportation Security Regulations which addressed similar Charter arguments.
The applicant failed to establish a new legal issue or a fundamental shift in evidence to justify departing from stare decisis.
The section 15 claim was also rejected because the regulations distinguish based on degree of proximity rather than protected family or marital status.
