7,653 result(s)
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126.
Comartin v. Marsh - 2024 FC 160 - 2024-01-31
Federal Court DecisionsIt remains however, that “For a case to be allowed to move forward, there must be a fair prospect (usually within the framework of case management) that the plaintiff is intent on bringing the case to its end and has the means to do so. [...] It is necessary only to note that it is uncontroverted that Ms. Comartin was dealing with very challenging personal issues. [...] However, it does not allow me to sufficiently conclude that there is a fair prospect the Plaintiffs are intent on bringing this action to an end.
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127.
Alldowell v. Canada (Attorney General) - 2024 FC 142 - 2024-01-30
Federal Court DecisionsThe FA concluded that the applicant was treated fairly in accordance with the applicable regulations and policies and that he could not grant the remedies sought. [...] He submits that the decision was based on false information and that his training was not conducted within the required standards of fairness and equality. [...] Since these two complaints were sent to the Committee for its recommendations, independently of the Grievance referral, the FA did not deal with them.
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128.
Munir v. Canada (Citizenship and Immigration) - 2024 FC 153 - 2024-01-30
Federal Court DecisionsIt is “an approach meant to ensure that courts intervene in administrative matters only where it is truly necessary to do so in order to safeguard the legality, rationality and fairness of the administrative process. [...] As a result, it is unnecessary to deal with the other issues raised by the Applicant.
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129.
Canadian Frontline Nurses v. Canada (Attorney General) - 2024 FC 42 - 2024-01-29
Federal Court Decisions63 (1) Dans les soixante jours qui suivent la cessation d’effet ou l’abrogation d’une déclaration de situation de crise, le gouverneur en conseil est tenu de faire faire une enquête sur les circonstances qui ont donné lieu à la déclaration et les mesures prises pour faire face à la crise. [...] d) la personne qui cherche à entrer au Canada afin de faire une demande d’asile; [...] Sachez que Nous jugeons les mesures d’intervention ci-après nécessaires pour faire face à l’état d’urgence :
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130.
Prado v. Canada (Citizenship and Immigration) - 2024 FC 136 - 2024-01-26
Federal Court Decisions[3] Ms. Prado also argues that the Officer breached procedural fairness by issuing their decision without providing her with notice in order to file further submissions and evidence despite her request for such notification. [...] [16] As noted by Ms. Prado, the Immigration, Refugees and Citizenship Operational Instructions entitled “The humanitarian and compassionate assessment: Dealing with family relationships” (“Guidelines”) specifically cautions officers to be sensitive to spousal sponsorship breakdown: “You should be sensitive to situations in [...] [21] Because the Officer deals with Ms. Prado’s experiences in Brazil as only relevant to future risk of physical harm from one individual and availability of mental health in Brazil, the rest of the Officer’s analysis on establishment and hardship read as if Ms. Prado had no difficulties in Brazil prior to coming to
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131.
Matas v. Canada (Global Affairs) - 2024 FC 88 - 2024-01-23
Federal Court Decisions[21] Section 3 of the PA and subsection 19(1) of the ATIA therefore deal with information about an identifiable individual that is recorded in any form including, without restricting the generality of the foregoing, information described in paragraphs (a) to (i) of section 3 of the PA. The information must be given a [...] e) communication à un organisme d’enquête déterminé par règlement et qui en fait la demande par écrit, en vue de faire respecter des lois fédérales ou provinciales ou pour la tenue d’enquêtes licites, pourvu que la demande précise les fins auxquelles les renseignements sont destinés et la nature des renseignements demandés;
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132.
Brown v. Canada (Citizenship and Immigration) - 2024 FC 105 - 2024-01-22
Federal Court Decisions[12] On February 2, 2022, an IRCC officer sent the applicant a procedural fairness letter care of former counsel. [...] [13] Former counsel responded to the procedural fairness letter by letter dated February 25, 2022. [...] Subsequent to this matter being perfected, the Court has adopted revised guidelines dealing with allegations against counsel or other authorized representatives: see paragraphs 46 to 63 of the Consolidated Practice Guidelines for Citizenship, Immigration, and Refugee Protection Proceedings (October 31, 2023).
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133.
Nooristani v. Canada (Citizenship and Immigration) - 2024 FC 99 - 2024-01-22
Federal Court Decisions[7] I am persuaded that the RAD breached procedural fairness by making new credibility findings. [...] In these reasons, I deal first with the preliminary issue of the admissibility of the further affidavit submitted by the Applicant in support of his judicial review application, and then I address the procedural fairness issue. [...] [28] As noted above, the duty of procedural fairness is heightened in exclusion cases.
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134.
Zavarella v. Canada (Attorney General) - 2024 FC 87 - 2024-01-19
Federal Court DecisionsThe applicant also argued that the Commission failed to review or address the grounds of complaint thoroughly, which constituted a breach of procedural fairness. [...] After examining this information, the Commission decides, pursuant to subsection 41(1) of the Canadian Human Rights Act, to deal with the complaint. [...] IV. Was the applicant deprived of procedural fairness? [111] The parties did not disagree about the Court’s role if a procedural fairness question arises on an application for judicial review.
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135.
Elnour El Senoussi v. Canada (Citizenship and Immigration) - 2024 FC 74 - 2024-01-18
Federal Court DecisionsDid the RPD breach the principle of procedural fairness? B. Is the RPD’s decision reasonable? [...] The other two trips are noted in the Minister’s allegations, and the RPD did not breach procedural fairness by noting the applicant’s objections and testimony on this matter. [...] [25] The applicant put a great deal of emphasis on the first point, in that it was impossible for him to be Chad in October 2014.
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136.
Kumar v. Canada (Citizenship and Immigration) - 2024 FC 81 - 2024-01-18
Federal Court Decisions• C.He also raises an issue of procedural fairness in not having an opportunity to address the Officer’s concerns. [...] There is, with respect, no breach of procedural fairness here, simply, as submitted by the Respondent, a disagreement with the outcome. [...] I have already dealt with this argument under procedural fairness, and found the use of artificial intelligence is irrelevant given that (a) an Officer made the Decision in question, and that (b) judicial review deals with the procedural fairness and or reasonableness of the Decision as required by Vavilov.
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137.
Ashiq v. Canada (Citizenship and Immigration) - 2024 FC 72 - 2024-01-17
Federal Court DecisionsThe central question for issues of procedural fairness is whether the procedure was fair having regard to all of the circumstances, including the factors enumerated in Baker v Canada (Minister of Citizenship and Immigration), 1999 CanLII 699 (SCC), [1999] 2 SCR 817 at paras 21-28 (Canadian Pacific Railway Company at para [...] This affects not only the Convention Refugees Abroad Class, but also the Country of Asylum Class – which deals with widespread human rights abuses and requires a consideration of country conditions. [...] However, since I have already made the finding that the Officer’s decision is unreasonable for the reasons stated, I will not deal with the Applicants’ other arguments, including on the other credibility findings or the breach of procedural fairness.
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138.
Sharsheev v. Canada (Citizenship and Immigration) - 2024 FC 49 - 2024-01-12
Federal Court Decisions”. [4] On March 4, 2020, the Applicant received a procedural fairness letter [PFL] from IRCC advising that he might be inadmissible to Canada for misrepresentation. [...] [16] Section 40 of the IRPA deals with inadmissibility due to misrepresentation. [...] a) directement ou indirectement, faire une présentation erronée sur un fait important quant à un objet pertinent, ou une réticence sur ce fait, ce qui entraîne ou risque d’entraîner une erreur dans l’application de la présente loi;
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139.
Coutlee v. Lower Nicola First Nation - 2024 FC 47 - 2024-01-11
Federal Court DecisionsWas the Removal Decision procedurally fair? 3. Was the Removal Decision reasonable? [...] [69] The Respondent submits the Applicant received procedural fairness throughout. [...] the nature of the other forum which could deal with the issue, including its remedial capacity;
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140.
Jacques v. Canada (Attorney General) - 2024 FC 26 - 2024-01-08
Federal Court Decisions[12] In August 2023, the CMA formally postponed the commencement of Major Jacques’ trial until April 15, 2024, in order to be able to first deal with the main outstanding preliminary issues. [...] There is also no general exception for issues of procedural fairness (Girouard v Inquiry Committee Constituted Under the Procedures for Dealing With Complaints Made to the Canadian Judicial Council About Federally Appointed Judges, 2014 FC 1175 at para 29). [...] [89] For these reasons related to compliance with the minimum standards of procedural fairness, I will not strike the AJR at this stage.
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141.
Kamara v. Canada (Citizenship and Immigration) - 2024 FC 13 - 2024-01-04
Federal Court DecisionsThe reviewing court must adopt an attitude of restraint and intervene “only where it is truly necessary to do so in order to safeguard the legality, rationality and fairness of the administrative process” (Vavilov, at para 13). [...] In short, when the new information is not sufficiently different, novel and significant, there is no breach of the rules of procedural fairness if the RAD fails to give a claimant the opportunity to comment on it. [...] Tab 13, which deals with the issues of “Nationality, Ethnicity and Race” contains the same articles in both versions.
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142.
Jack v. Wildcat - 2024 FC 1 - 2024-01-02
Federal Court DecisionsThe Minister stated that the argument regarding interlineations in the Will is not a relevant consideration under section 46 of the Act, but should instead have been raised under section 45 of the Act, which deals with formal validity of a will. [...] [44] Subsection 42(1) and section 43 of the Act provide the Minister with the ability to deal with applications to void a will: [...] [96] Some jurisprudence deals solely with the question of a right of reply without a detailed discussion of the degree of procedural fairness required in the circumstances.
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143.
Tancos v. Canada (Public Safety and Emergency Preparedness) - 2024 FC 7 - 2024-01-02
Federal Court DecisionsAdditionally, the Applicants submit that the evidence regarding alleged criminality was tainted and improperly obtained, thus breaching procedural fairness and their privacy and constitutional rights. [...] [13] Both documents indicate that, in addition to the above charges, the Principal Applicant was sentenced on December 14, 2009, to three years’ imprisonment for illicit manufacturing and dealing with psychotropic substances and poisons pursuant to Section 238(I) of the Czech Criminal Code, having completed his sentence on [...] [25] Finally, I find that the procedural fairness, privacy, and constitutional issues are not properly before the Court.
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144.
Pardo v. Canada (Public Safety and Emergency Preparedness) - 2023 FC 1769 - 2023-12-29
Federal Court DecisionsIn considering issues of procedural fairness, the reasonableness standard of review does not apply. [...] As a result, I am prepared to accept that this factor favours a heightened level of procedural fairness.” [...] [101] In my view, there are appropriate remedies available in the administrative law context to deal with state-caused delay in human rights proceedings.
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145.
Yumba v. Canada (Public Safety and Emergency Preparedness) - 2023 FC 1762 - 2023-12-28
Federal Court Decisions[4] During the hearing for this application, Mr. Yumba abandoned another argument that was raised in his memorandum, the one related to an alleged violation of the principles of procedural fairness. [...] The Court will not deal with this argument because Mr. Yumba decided to abandon it. [...] The Minister’s Delegate does not have discretion regarding humanitarian and compassionate considerations when dealing with an inadmissible foreign national (Rosenberry v Canada (Citizenship and Immigration), 2010 FC 882 at paras 36–38).
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146.
Brown v. Canada (Attorney General) - 2023 FC 1748 - 2023-12-22
Federal Court DecisionsWith regards to your question about sick leave, yes I believe I have a great deal of sick leave banked. [...] It only seems fair and reasonable that they be treated in the same way as physical illness related to Covid. [...] I simply ask for fairness to be treated in the same way. [40] The Applicant’s grievance was under the April 10, 2020 Direction.
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147.
Li v. Canada (Citizenship and Immigration) - 2023 FC 1753 - 2023-12-22
Federal Court Decisions[13] On December 4, 2023, Mr. Li attended a “procedural fairness interview” to address the Officer’s concerns that he may be inadmissible to Canada pursuant to paragraph 34(1)(a) of the IRPA. [...] The Officer also noted that Mr. Li stated that he would prefer to study in Canada because he will have better opportunities to collaborate with industries and to deal with real-world problems.
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148.
McMillan v. Canada - 2023 FC 1752 - 2023-12-22
Federal Court DecisionsThe parties agreed to deal with both motions concurrently. II. Background [...] It would promote greater fairness and access to justice for individuals who may not be able to pursue a claim. [...] (i) would fairly and adequately represent the interests of the class,
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149.
Moushoom v. Canada (Attorney General) - 2023 FC 1739 - 2023-12-21
Federal Court DecisionsBut it does not change the degree of scrutiny that the Court must apply in its assessment of whether the fees sought are fair and reasonable. [...] In its decision, this Court urged the parties to work towards achieving a fair and just settlement. [...] T-1120-21) dealing with the claims previously advanced in the Moushoom Class Action relating to delays, denials and gaps in the provision of essential services between April 1, 1991 and December 11, 2007 [Trout Class Action].
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150.
Canada (Citizenship and Immigration) v. Jozepović - 2023 FC 1660 - 2023-12-20
Federal Court Decisions[151] I will first deal with address and work status. The defendant indicated that he lived in Kankanj municipality in June of 1993. [...] In some cases, out of fairness to the process and the parties involved, a bifurcated process may be the result. [...] Whether a trial judge bifurcates a trial or deals with all issues via one sitting is a matter of trial management.