A B.C. longshoreman with two brothers who have been convicted of drug smuggling in the U.S. has lost his bid to get security clearance for the Vancouver waterfront.
Arun Randhawa challenged a Transport Canada decision to deny him the special clearance because of the organized crime links of his brothers, both of whom are also longshoremen.
But the Federal Court of Canada ruled against Randhawa, saying the government’s decision to deny his security clearance was reasonable.
Judge René Leblanc said that Randhawa’s brothers, Alexie and Alvin, were involved in“serious criminal activities” that were relevant “to the security of marine transportation.”
Alexie was arrested in California in 2008 with 107 kilograms of cocaine. He served four years of a five-year sentence before returning to Canada and his job as a Vancouver longshoreman in November 2012.
And Alvin pleaded guilty in New York State last August to conspiracy to export cocaine from the U.S. from July 2010 until May 2011.
A large shipment of cocaine was seized from his Canadian drug ring on Sept. 8, 2010, his plea agreement says, after which Alvin and two others “began planning future smuggling runs from the United States to Canada” using tractor-trailers.
Alvin was supposed to be sentenced on July 5. But his hearing has been adjourned until July 26.
Arun Randhawa had argued to the Federal Court that he has had minimal contact with his brothers over the years and that he is a law-abiding citizen with no criminal record.
“He says that he did not choose his family and that there is nothing he can do, legally, to dissociate himself from his brothers,” Leblanc noted. “He adds that there is clear evidence that he is a person of impeccable character, moral judgment and trustworthiness which does not make him susceptible to subornation from a family member or anyone else.”
But Leblanc said “that because of his association to his brothers, there were reasonable grounds to suspect that there is a risk … that he be suborned to commit an act or to assist or abet any person to commit an act that might constitute a risk to marine transportation.”
In its case against Randhawa, Transport Canada referred to a police report that said his brothers were members of “an organized crime group involved in cross border narcotics smuggling” that had links with “the Hells Angels, the Japanese Mafia, and Chinese criminals.”
Randhawa argued that “he did not condone, encourage or benefit from any of their activities,” Leblanc said.
“The applicant also claimed to be committed to a pro-social life and highlighted that he had successfully completed other security clearance applications that enabled him to obtain a Nexus card as well as licenses for non-restricted firearms.”
Leblanc said that Randhawa was aware of his brothers’ criminality and that both lived in the family home with him until each was arrested on their U.S. charges.
While living together, they each had access to each other’s vehicles. The gang task force pulled over Randhawa in 2010 while he was driving one brother’s car.
“In such context, I find that the applicant’s association with his brothers provided the minister, in the totality of circumstances, with a rational basis for holding a reasonable suspicion of subornation and potential risk to marine transport security,” Leblanc ruled.
Randhawa was hired as a casual longshoreman in 2013. He can continue to work on the docks, but will not be able to access restricted areas or perform certain tasks without the security clearance.
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