Jan 14, 2015

Mr. Latif has been a Canadian citizen since 2001. His American and Canadian pilot’s licences are valid for life, but for each type of aircraft, specific continuing training is required under the Canadian or American licence. Bombardier trained pilots in Montréal and Dallas. After being offered a job piloting a Challenger 604 in 2004, Mr. Latif applied to Bombardier to take the necessary training under the American licence. At the same time, he applied to the American authorities for a security check as required by the Alien Flight Students Program. In April 2004, when Mr. Latif had a reserved spot in the Dallas course that spring, the company received notification of denial from the Department of Justice on the ground that Mr. Latif was a threat to air safety. The denial was maintained until August 2008, with the result that Mr. Latif had to change jobs several times and was without employment for some time. Although he asked Bombardier to enrol him in the training in Montréal under the Canadian licence, Bombardier refused, saying it was obliged to comply with the American decision. Quebec Human Rights Tribunal Commission’s action in favour of complainant allowed; over $200,000 in material damages, $25,000 in moral damages and $50,000 in punitive damages awarded; Bombardier ordered to cease automatically applying American government decisions to training under Canadian licence. C.A.: Bombardier’s appeal allowed; action dismissed.