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Provost v. Canada (Indian Affairs and Northern Development) - 2009 FC 1214 - 2009-11-26

Other sections dealing with approvals are 20(2), 35, 37, 38, 53(1)(b), 58(1) and 58(3).   [...]  In Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 S.C.R. 817, Madam Justice L’Heureux-Dubé set out a non-exhaustive list of five factors to aid in determining the scope of the duty to be procedurally fair in specific situations.

Lowell v. Canada (Citizenship and Immigration) - 2009 FC 649 - 2009-06-22

I do not believe that I will receive a fair hearing at my court-martial proceeding.   [...]  In any event, the Officer’s decision does deal with both sorts of punishments.

Weekes v. Canada (Public Safety and Emergency Preparedness) - 2008 FC 820 - 2008-06-30

In my view, in dealing with legislation of this nature, the courts should, wherever possible, avoid a narrow, technical construction, and endeavour to make effective the legislative intent as applied to the administrative scheme involved.   [...]  The filing of the notice of appeal raised issues of procedural fairness.

Kaur Grewal v. Canada (Citizenship and Immigration) - 2008 FC 55 - 2008-01-16

[8] It was the applicants’ new solicitors, Waldman & Associates, who responded to the visa officer’s fairness letters of May 23, 2006.   [...]  [37] In the circumstances, it is not appropriate to deal with the other issues raised by the parties.

131 Queen Street Limited v. Canada (Attorney General) - 2007 FC 347 - 2007-04-11

Dispute resolution, including the definition of fair market net effective rent, being article 1 of the Head Lease and Article 15 of schedule E of the Head Lease; and   [...]  As well, the Respondent argues that paragraph 20(1)(d) does not apply to daily commercial dealings but rather, is intended to respond to those situations not covered by paragraph 20(1)(c).

Tulina-Litvin v. Canada (Public Safety and Emergency Preparedness) - 2007 FC 105 - 2007-01-31

[78] Importantly, as previously mentioned, decision-makers are free to enact guidelines to assist them in the exercise of the discretion as long as these guidelines are not mandatory and as long as visa officers consider the particular facts of each case in determining the content of the duty of fairness.   [...]  [58] As stated by Justice John Sopinka in Canada (Minister of Employment and Immigration) v. Chiarelli, [1992] 135 N.R. 161 (SCC) (though dealing with an extradition case): “...The most fundamental principle of immigration law is that non-citizens do not have an unqualified right to enter or remain in the country...”

Perez Burgos v. Canada (Citizenship and Immigration) - 2006 FC 1537 - 2006-12-21

In order that faith may be maintained in the legal system, it is necessary that losing parties be satisfied that they have been fairly dealt with, that their position has been understood by the judge, and that it has been properly weighed and considered.   [...]  Notwithstanding these findings, case law recognizes that the presumption of state ability is rebuttable, even when dealing with a democratic state.

Nejad v. Canada (Minister of Citizenship and Immigration) - 2006 FC 1444 - 2006-11-29

Five photographs depict her with prominent female activists and four photographs show her in a room containing literature and posters dealing with the defence of civil rights in Iran.   [...]  Fairness to the parties and the tribunal under review dictates such a limitation: Bekker v. Canada (2004), 323 N.R. 195 (F.C.A.).

Normandeau v. Lévesque Estate - 2006 FC 798 - 2006-06-22

[43] Nor is it useful to deal in detail with the argument based on rule 77 of the Rules.   [...]  [51] The Court is persuaded in this case that it would not be fair and equitable to rule on this issue without a trial.

Saskatchewan (Minister of Agriculture, Food and Rural Revitalization) v. Canada (Attorney General) - 2005 FC 1027 - 2005-07-25

The goal of this Agreement, as stated in the preamble, was to ensure the orderly marketing of eggs, a fair return to producers, a dependable supply of high quality products to the consumers, as well as cooperation and coordination between the provincial boards and CEMA.   [...]  [37] Before disposing of this motion, there is one final argument that I need to deal with.

Kawacatoose First Nation v. Ireland - 2004 FC 1686 - 2004-12-01

(3) The Minister may extend the period of time referred to in subsection (2) where the Minister is satisfied that a complaint was made in that period to a government official who had no authority to deal with the complaint but that the person making the complaint believed the official had that authority.   [...]  241. (1) La personne congédiée visée au paragraphe 240(1) ou tout inspecteur peut demander par écrit à l'employeur de lui faire connaître les motifs du congédiement; le cas échéant, l'employeur est tenu de lui fournir une déclaration écrite à cet effet dans les quinze jours qui suivent la demande.

Blais v. Canada (Attorney General) - 2004 FC 1638 - 2004-11-26

It was proposed that Ms. Dawson deal with the management behaviour grievances as well.   [...]  The disclosure of the "confidential" agreement raises the spectre that not one of the 4500 lawyers in the Department of Justice would be able to give her a fair hearing.

Qiu v. Canada (Minister of Citizenship and Immigration) - 2003 FCT 15 - 2003-01-10

[...] d) soit ne se conforment pas aux conditions prévues à la présente loi et à ses règlements ou aux mesures ou instructions qui en procèdent, soit ne peuvent le faire.   [...]  The concept of humanitarian and compassionate grounds has been the subject of a great deal of judicial treatment since the Immigration Appeal Board of the day rendered that decision.