Bombardier did not racially discriminate against pilot, Supreme Court rules
Canadian pilot denied training by Montreal-based Bombardier in the wake of Sept. 11 attacks
By Louise Elliott, CBC News Posted: Jul 23, 2015 8:13 AM ET Last Updated: Jul 23, 2015 10:19 AM ET
The Supreme Court of Canada has ruled that Bombardier Inc. did not discriminate against a Canadian pilot on the basis of his race.
In its unanimous decision, the court found the Quebec Human Rights Tribunal did not establish there was a connection between the race of Javed Latif and Bombardier's decision to deny him training.
The decision is expected to have ramifications for hundreds of other cases of alleged racial and other forms of discrimination in Canada.
Latif was licensed to fly in both Canada and the United States, but needed to retrain in order to fly new aircraft.
In 2004, Bombardier's pilot training centre in Dallas refused to retrain him, saying U.S. authorities had identified him as a "threat to aviation or national security."
Latif said the U.S. authorities had made a mistake. He reapplied to be trained under his Canadian licence by Bombardier in Quebec, but the company refused, again citing U.S. national security concerns.
In 2008, Latif was taken off the threat list by U.S. authorities, without explanation. After his case was re-examined, he was later able to train with Bombardier.
'Branded a terrorist'
Catherine McKenzie, Latif's lawyer, indicated the impact on her client of Bombardier's decision not to train him.
"He said in testimony that he felt he was branded as a terrorist erroneously," she told CBC News before the top court decision was handed down. "He wasn't able to work as a pilot for four years."
Latif took the case to Quebec's Human Rights Tribunal. Bombardier argued before the tribunal that there "would have been serious consequences" for Bombardier with the U.S. authorities if they had agreed to train him in Canada.
The tribunal nevertheless found in Latif's favour, saying he had been discriminated against based on national and ethnic origin. It awarded him an unprecedented $320,000 in damages.
That decision was overturned by the Quebec Court of Appeal. Thursday's ruling upholds that decision.
国の安全が絡んだら、Innocent until proven guiltyじゃ無いの？
これに関連しているっちゃいている感じもするのが、Bill C-51, Anti-Terror Law。UN Human Rights Committeesも、異議を述べているらしいですよね。
Human Rights and Due Process Vs. National Security