7,644 result(s)
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876.
Kanyamibwa v. Canada (Public Safety and Emergency Preparedness) - 2010 FC 66 - 2010-01-20
Federal Court DecisionsMekonen v. Canada (Citizenship and Immigration), 2007 FC 1133, [2007] F.C.J. No. 1469, a case dealing with an admissibility assessment just like the present case, the Applicant submitted that the objective nature of the decision and the lack of any appeal procedure call for a relatively high degree of procedural fairness. [...] Indeed, the Briefing Note deals quite summarily with the allegations of torture, and deals at much more length with the position of the Applicant in the Embassy. [...] [75] The common law developed two doctrines to deal with problems of unfair re-litigation, consistency of result, and finality.
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877.
Ithibu v. Canada (Minister of Citizenship and Immigration) - 2001 FCT 288 - 2001-04-03
Federal Court Decisions2. Was the Board biased and was the applicant's right to a fair hearing infringed? [...] 68(2) The Refugee Division shall deal with all proceedings before it as informally and expeditiously as the circumstances and the considerations of fairness permit. [...] 68 (2) The Refugee Division shall deal with all proceedings before it as informally and expeditiously as the circumstances and the considerations of fairness permit.
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878.
L'Hirondelle v. Canada - 2003 FCT 347 - 2003-03-27
Federal Court Decisionsand deal with applications made pursuant to section 3 of these Rules according to such procedure and as such time or times as it shall determine in its discretion and, without detracting from the generality of the foregoing, the Band Council may conduct such interviews, require such evidence and may deal with any [...] This legislation achieves balance and rests comfortably and fairly on the principle that those persons who lost status and membership should have their status and membership restored. [...] I sponsored the Band control of membership amendments with a strongly held trust that Bands would fulfill their obligations and act fairly and reasonably.
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879.
Hong v. Canada (Citizenship and Immigration) - 2017 FC 913 - 2017-10-13
Federal Court DecisionsThe Applicant argues that the PRRA application of her daughter is entirely derivative of her claim, and that the Officer committed no error in dealing with them together. [...] [32] I find that the Officer’s error was just that – an innocent mistake, lumping this case in with the many others they were no doubt dealing with at the time, and treating it as a joint application. [...] B. Was the daughter denied procedural fairness? [36] In light of my findings on the first issue, it is not necessary for me to deal with this issue.
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880.
Apotex Inc. v. Canada (Health) - 2011 FC 1308 - 2011-11-14
Federal Court DecisionsGiven that this evidence refers to substantive issues that I have not needed to address in these reasons, it is not strictly necessary to deal with Apotex’s motion. [...] [18] Neither Krause nor Manuge are applicable to an application like this which involves a fairness challenge to three discrete administrative decisions. [...] [23] For the purposes of this motion, it is only necessary to deal with issues (a) and (d).
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881.
Chief Pensions Advocate v. Canada (Attorney General) - 2006 FC 1317 - 2006-10-31
Federal Court Decisions[5] In its decision, the Board said that it was dealing with the interpretation of section 31, in addition to the interpretation of sections 32 and 111. [...] 26. The Board has full and exclusive jurisdiction to hear, determine and deal with all appeals that may be made to the Board under section 25 or under the War Veterans Allowance Act or any other Act of Parliament, and all matters related to those appeals. [...] I start from the fundamental principle of construction that provisions of a statute dealing with the same subject should be read together, where possible, so as to avoid conflict: Driedger, Construction of Statutes (2nd ed. 1983), p. 66.
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882.
British Columbia Ferry and Marine Workers’ Union v. Canada (Transport) - 2022 FC 209 - 2022-02-17
Federal Court DecisionsIn many cases, however, neither the duty of procedural fairness nor the statutory scheme will require that formal reasons be given at all: Baker, at para. 43. [...] (4) The minimum complement of a vessel, in order to deal with an emergency situation, shall consist of [...] (iii) faire fonctionner le système de pompage et d’alimentation en électricité de secours,
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883.
Underwood v. Canada (Attorney General) - 2007 FC 71 - 2007-01-25
Federal Court Decisionsb. The Applicant was advised that the Court did not have jurisdiction to deal with the claim for damages he filed on July 24, 2006. [...] Tp called beg of June and I advised that I did not deal with the GST and that there was GST objection filed. [...] The Fairness Officer relied on the date in the letter but the error on the Minister’s part would have been avoided if the Fairness Officer had read the First Fairness Report.
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884.
Hiebert v. Canada (Attorney general) - 2002 FCT 1086 - 2002-10-17
Federal Court DecisionsIn this context the rules of natural justice are expressed to be the rules of procedural fairness, or the duty to act fairly. [...] There was no evidence of any personal dealing between Mr. Niles and Mr. Hiebert with respect to the events in question. [...] A party to a proceeding has a right to expect that an impartial adjudicator will deal with his or her case.
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885.
Bernath v. Canada - 2007 FC 104 - 2007-01-31
Federal Court Decisions(2) The Grievance Board shall deal with all matters before it as informally and expeditiously as the circumstances and the considerations of fairness permit. [...] a. dealing with a matter formally only after informal approaches have been explored; [...] If the CF deals with the issue or implements the policy, it is a grievable matter.
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886.
Escalona Perez v. Canada (Public Safety and Emergency Preparedness) - 2008 FC 1242 - 2008-11-06
Federal Court Decisions[5] The Applicants lived in a mountainous region in Venezuela and allege that they became suspicious that drug dealings involving police officers and government officials were occurring near their home. [...] One day in about 1988, they allege that police came to their home, roughed them up and took them away at which time they were interrogated for a number of days and arrested on charges related to dealing in drugs. [...] [17] It is clear, however that the evidence of the Venezuelan lawyer was compromised in several respects and, as to the issue as to whether the Applicants’ could expect fair process or be subjected to cruel and unusual treatment or punishment, the Board concluded that the legal system worked in Venezuela.
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887.
Jackson v. Piikani Nation Election Appeals Board - 2008 FC 130 - 2008-02-01
Federal Court Decisions[17] The issues in this judicial review involved procedural fairness and the interpretation of the Band’s Election Code. [...] Whether the process was fair is not relevant, its decision to uphold the CEO’s decision is without legal force and effect. [...] The Court should not “read in” wording where the Band can deal with its true intentions more directly.
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888.
Zhamila v. Canada (Immigration, Refugees and Citizenship) - 2018 FC 88 - 2018-01-26
Federal Court DecisionsAccordingly, this Judgment and Reasons will deal with both applications and a copy will be placed on both Court files. [...] One of the key issues presented by the representative is that of fairness – that a scanned copy of the altered counterfeit had not been presented to the applicant, this constituted a breach of fairness. [...] I have reviewed the fairness letter sent to the applicant on October 24, 2016.
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889.
Communications, Energy & Paperworkers' Union of Canada v. Global Television - 2010 FC 988 - 2010-10-05
Federal Court Decisions(i) se rencontrer et entamer des négociations collectives de bonne foi ou charger leurs représentants autorisés de le faire en leur nom; [...] (ii) faire tout effort raisonnable pour conclure une convention collective; [...] [75] The Union says that the letter shows that the conciliator was appointed to deal with a dispute that no longer exists.
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890.
Bourassa v. Canada (National Defence) - 2014 FC 936 - 2014-10-02
Federal Court Decisions• He was not given advance notice that the meeting would deal with the imposition of a remedial measure; [...] 1. Were there breaches of procedural fairness in the handling of Mr. Bourassa’s grievance? [...] [60] The grievance filed on March 14, 2012, deals with specific events, and it is not possible to later add other incidents that occurred after the grievance was filed.
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891.
Lac Seul First Nation v. Canada - 2009 FC 481 - 2009-05-08
Federal Court Decisions[57] The defendant submitted that the Crown took reasonable steps from 1907 to 1926 to ensure that the Band received fair value for its timber. [...] The defendant had complete control as to how the dealings were carried out with the timber contractors. [...] [124] I will deal with the issue of punitive or aggravated damages in my reasons relating to damages.
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892.
Fernandez v. Canada (Attorney General) - 2011 FC 275 - 2011-03-09
Federal Court DecisionsThis was to deal with obstruction of justice charges before he was transferred to the penitentiary. [...] In my view, there was no breach of fairness in asking him about them. [...] [51] The applicant submits that he was not prepared to deal with such matters at the hearing.
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893.
Say v. Canada (Solicitor General) - 2005 FC 739 - 2005-05-27
Federal Court DecisionsIn light of my conclusions to this point, I am satisfied that I need not deal with the issue. [...] That being said, if I were required to deal with the issue, I would dismiss it summarily. [...] En outre, les dispositions réglementaires incitent les intéressés à faire preuve de diligence pour présenter leurs demandes dans des délais précis et objectifs, afin de faire en sorte que l'ERAR demeure associé au renvoi dans le temps.
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894.
Canada v. Cragg & Cragg Design Group Ltd. - 1998-07-22
Federal Court DecisionsBut the Plaintiff has been neither quick nor diligent in dealing with the whole matter, going back at least as far as May of 1991. [...] I do not deal with all of the procedural points raised by the Plaintiff, only with those which might possibly have some merit. [...] Perhaps the only additional consideration, when pure delay is involved, ought to be whether it is fair to dismiss the action in question.
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895.
Canada v. Cragg & Cragg Design Group Ltd. - 1998-06-08
Federal Court DecisionsBut the Plaintiff has been neither quick nor diligent in dealing with the whole matter, going back at least as far as May of 1991. [...] I do not deal with all of the procedural points raised by the Plaintiff, only with those which might possibly have some merit. [...] Perhaps the only additional consideration, when pure delay is involved, ought to be whether it is fair to dismiss the action in question.
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896.
Mwaura v. Canada (Citizenship and Immigration) - 2008 FC 748 - 2008-06-17
Federal Court Decisionsfairness, I note that pursuant to Canadian Union of Public Employees (C.U.P.E.) v. Ontario (Minister of Labour), [2003] 1 S.C.R. 539, [2003] S.C.J. No. 28 (QL), at para. 100, “it is for the courts, not the Minister, to provide the legal answer to procedural fairness questions.” Thus, questions of procedural fairness are [...] Indeed, the Canadian system of refugee protection has additional avenues for dealing with new information such as this, which could not properly be put before the Board. [...] fairness and natural justice? [33] Pursuant to section 74(d) of the Act, an appeal to the Federal Court of Appeal may be made only if a serious question of general importance is certified.
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897.
Wong v. Canada (National Revenue) - 2007 FC 628 - 2007-06-13
Federal Court DecisionsThe starting point is that VDP officers are required to deal with all facets of the file. [...] [8] The Guidelines also deal with the situation where a VDP officer discovers that enforcement action has been taken. [...] That failure to accord minimal fairness led to the highly prejudicial disclosure.
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898.
Jennings v. Shaw Cablesystems Ltd. - 2003 FC 1206 - 2003-10-20
Federal Court DecisionsIn particular, there is absolutely no language in section 242, the section dealing with the powers of an adjudicator, that creates a bar to the adjudicator proceeding whether or not the employer has complied with section 241(1). [...] Such evidence is relevant and necessary for both parties to receive a full and fair hearing. [...] However, I note that, during this process, Shaw or its counsel have missed deadlines or made errors that required correction, thereby requiring additional time of this Court in dealing with motions that should have been unnecessary.
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899.
Mohawks of the Bay of Quinte v. Canada (Attorney General) - 2014 FC 527 - 2014-05-30
Federal Court Decisions[47] The wording of section 41 of the Act clearly suggests that the Commission is vested with discretion when deciding to deal with a complaint. [...] The Investigator considered the submissions from the parties along with a number of documents dealing with First Nations federal funding. [...] III. Procedural Fairness [15] The First Nations contend that the Commission breached the duty of fairness by failing to reopen its investigation in the face of their criticism of the Investigator’s analysis of the CWB Report.
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900.
Quiroz Mendez v. Canada (Citizenship and Immigration) - 2011 FC 1150 - 2011-10-14
Federal Court Decisions[37] The Board then turned to the issue of domestic and gender-based violence in Mexico: “Mexico has had problems in the past in dealing with domestic violence and violence against women. [...] However, there is persuasive evidence that indicates that Mexico candidly acknowledges its past problems and is making serious efforts to deal with these issues.” [...] The respondent further submits that the applicants have not demonstrated that they were denied a fair hearing as a result of being denied the adjournment, and therefore there was no breach of procedural fairness.