Successfully reinstates security clearance revocation for the client

Criminal investigations into corporations and their executives have become increasingly problematic for Canadian business and have resulted in unexpected consequences. In one recent case, successfully handled by Fasken Martineau’s Ottawa office, a senior executive of a successful Ottawa-based IT business had his personnel top secret security clearance revoked. The potential consequences on the business were disastrous as the business as a whole risked losing its security clearance, which was critical to performing its government contracts. All this arose after the Government of Canada learned of a Competition Bureau investigation that had briefly targeted the corporation, even though no charges were laid against the executive or the corporation. Fasken Martineau launched an application to the Federal Court of Canada to reverse the decision. The case raised issues relating to a cross section of legal areas, including administrative, criminal and procurement law. A subsequent security interview resulted in the security clearance being reinstated in its entirety, and the corporation continuing in business. Fasken Martineau acted as counsel in this matter with a team that includes Patrick McCann, Peter Mantas and Tala Khoury.