7,646 result(s)
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1,151.
Khadr v. Canada (Prime Minister) - 2009 FC 405 - 2009-04-23
Federal Court DecisionsGiven my conclusion regarding s. 7, it is unnecessary for me to deal with the other grounds Mr. Khadr raised before me. [...] [18] It cannot fairly be said, however, that Canada abandoned Mr. Khadr entirely. [...] The Government’s dissent was based on a concern that Canada be seen to deal forcefully with terrorism.
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1,152.
Sohal v. Canada (Public Safety and Emergency Preparedness) - 2011 FC 1175 - 2011-10-18
Federal Court Decisions[1] Natural justice requires that a person be given a fair opportunity to make his case or to meet the case against him. [...] The issue in this judicial review is whether the interpretation was so poor that Mr. Sohal did not have a fair opportunity to make his case. [...] However, there is no need to deal with this issue as, in my opinion, there was nothing to complain about.
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1,153.
Barreiro v. Canada (National Revenue) - 2008 FC 858 - 2008-07-10
Federal Court DecisionsThe letter goes on to deal with other matters which are not relevant here. [...] Therefore, as to the question of whether this Court can and should deal with this motion, it is entirely appropriate that this Court deal with this issue and its relevance to this case (see also Canada v. Ichi Canada Ltd., [1992] 1 F.C. 571). [...] The material is the same as that which was available in Airth and the interests of a fair and complete hearing justify relief.
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1,154.
Horvath v. Canada (Minister of Citizenship and Immigration) - 2001 FCT 398 - 2001-04-27
Federal Court Decisions[12] In part the panel's finding is based on its emphasis on the fair appearance of the applicants from which the panel infers they are not easily identifiable as Roma, ignoring some documentary evidence concerning a variety of factors other than appearance which, in Hungary, may be used to identify Roma. [...] [15] Here, the Board concludes, while acknowledging the applicants' concerns about difficulties they faced in education, in accessing health care, in employment, in dealing with harassment and attacks by skinheads, that government and other measures to deal with the problems of the Roma minority in Hungary now provide [...] evidence of the adult claimants of attacks upon them by skinheads, as a basis of a continuing threat of violence, in view of decreasing numbers of reports of such attacks and the panel's perception that if the applicants would move from their home town, their fair appearance would lead to less likelihood of difficulties.
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1,155.
Brar v. Canada (Public Safety and Emergency Preparedness) - 2022 FC 1163 - 2022-08-10
Federal Court DecisionsThe Minister’s submissions supporting the argument that SATA proceedings do not infringe on section 6 rights and are procedurally fair and consistent with section 7 of the Charter are available in the decision dealing with the constitutional questions, issued concurrently. [...] In the case at hand, a great deal of disclosed information relates to the grounds for the Minister’s delegate’s decision. [...] In these circumstances, Mr. Dulai is owed a high degree of procedural fairness.
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1,156.
Hall v. Kwikwetlem First Nation - 2020 FC 994 - 2020-10-22
Federal Court Decisions[15] Hall had run his 2019 campaign for the position of Chief on a platform of increased transparency and accountability regarding KFN’s governance and business dealings. [...] Some of these other Band matters involved dealing with municipal and provincial officials, fishing and water rights, and the production/use of a video of IR2 (a part of the reserve). [...] • - Was the Decision procedurally fair? • - If so, was the Decision reasonable?
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1,157.
Magan v. Canada (Citizenship and Immigration) - 2013 FC 960 - 2013-09-18
Federal Court Decisions[24] Whether the duty of fairness was breached because the Applicant was denied the right to counsel? [...] [38] I do not find that there was a breach of procedural fairness on these very unique and particular facts. [...] This was done in the context that the Applicant had been less than forthcoming in other dealings and had previously attempted to delay matters.
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1,158.
Ayong Angue Ondo v. Canada (Citizenship and Immigration) - 2012 FC 1221 - 2012-10-19
Federal Court DecisionsThe evidence of his treatment and dealings in Equatorial Guinea ran counter to any finding of personalized risk according to the Board: [...] 1. Duty of Fairness [26] The applicant submits that fairness dictates that the Board was required to give him an opportunity to respond to its concerns about the March 2008 List and his father’s death certificate. [...] [43] The Board’s decision was reasonable and procedurally fair. Accordingly, the application must be dismissed.
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1,159.
Buio v. Canada (Citizenship and Immigration) - 2007 FC 157 - 2007-02-09
Federal Court DecisionsAs such, this is an issue of procedural fairness, and it should not be subject to a standard of review analysis. [...] [28] Mr. Buio has correctly pointed out that the Court in Owusu, above, was dealing with a different issue than that raised in this application. [...] Those factors are listed in section 11.2 of the Immigration Manual dealing with H&C applications.
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1,160.
Ardiles v. Canada (Minister of Citizenship and Immigration) - 2002 FCT 1323 - 2002-12-23
Federal Court DecisionsFairness would dictate such a process even if the Immigration Officer claims in her notes that information was not relevant to her decision. [...] In some circumstances, however, such after the fact explanation or justification will not satisfactorily meet the requirements of fairness. [...] [37] I need not deal with the other matters raised by the Applicants as my finding above disposes of this application.
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1,161.
Tone v. Canada Post Corporation - 2020 FC 604 - 2020-05-08
Federal Court DecisionsDid the Commission breach the Applicant’s right to procedural fairness? [...] (1) Breach of Procedural Fairness [31] The Applicant argues that the Commission breached his right to procedural fairness by dismissing his complaint in a biased and incomprehensive manner. [...] This left the Court to deal with his disability-based allegations. [44] In effect, the present application has been amended and the Court is left to deal with the Applicant’s allegations of procedural unfairness and unreasonableness with regard to the Commission’s analysis and disposition of his disability-based
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1,162.
Ducharme v. Canadian Union of Public Employees - 2021 FC 847 - 2021-08-20
Federal Court Decisions[25] The standard for the screening process under the Act and for the Commission’s decision to refuse to deal with a complaint is reasonableness. [...] [37] In its analysis of the Board’s decision, the Commission was required not to determine whether it would have reached the same conclusions as the Board but whether the process followed was fair and the complainant’s position had been fully considered. [...] Laying at the heart of that comparison is a concern for procedural fairness, and not whether the earlier decision-maker got it right or had the requisite expertise: see Figliola, above, at paras 49-53.
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1,163.
Hanif v. Canada (Minister of Citizenship and Immigration) - 2004 FC 1282 - 2004-09-20
Federal Court DecisionsNatural justice and fairness require the Board to afford the Applicant an opportunity to review and address the evidence in such televised reports. [...] i) The government has introduced special anti-terrorist courts to deal with extremists. [...] The other is a breach of natural justice and fairness issue which arises out of televised reports relied upon by the Board, but not provided to the Applicant for review and comment.
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1,164.
Canadian Steel Producers Association v. Commissioner of Customs - 2003 FC 1311 - 2003-11-10
Federal Court DecisionsSecond, it would result in greater procedural fairness and lead to greater consistency with U.S. policies that are applied to Canadian producers exporting to that country. [...] However, the Government believes that it should be possible to deal with these submissions within existing time-frames. [...] 12. Every enactment is deemed remedial, and shall be given such fair, large and liberal construction and interpretation as best ensures the attainment of its objects.
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1,165.
Earl v. Canada (Citizenship and Immigration) - 2011 FC 312 - 2011-03-15
Federal Court DecisionsBigger supposedly told him that if Tucker left before he could deal with him, the applicant would be held responsible. [...] The Board canvassed the documentation and found that Jamaica is a constitutional parliamentary democracy with generally free and fair elections. [...] The documentary evidence before the Board indicates that Mexico is a democracy, and there are free and fair elections.
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1,166.
Onuschak v. Canadian Society of Immigration - 2009 FC 1135 - 2009-11-05
Federal Court Decisions91. Les règlements peuvent prévoir qui peut ou ne peut représenter une personne, dans toute affaire devant le ministre, l’agent ou la Commission, ou faire office de conseil. [...] The issue there was whether the Canada Council, which was empowered to distribute public funds to various organizations owed a duty of fairness to potential recipients. [...] If more than one decision is involved, should the Court nevertheless in its discretion deal with everything in one application, as permitted under rule 302 of the Federal Courts Rules?
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1,167.
Stevens v. Canada (Attorney General) - 2003 FC 1259 - 2003-10-28
Federal Court DecisionsThis would seem to deal with how the Commissioner produced his report. [...] As the commissioner, I picked one definition - from among the numerous ones put forward - which I thought was fair and reasonable. [...] Various counsel put forward proposed standards on behalf of their clients and Commissioner Parker determined which definition was fair and reasonable.
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1,168.
Do v. Canada (Minister of Citizenship and Immigration) - 2002 FCT 1156 - 2002-11-07
Federal Court Decisions(6): 'RCMP in Whitehorse correctly came to believe that Do had become the main player in a significant drug dealing enterprise in Whitehorse'. [...] (11): 'It is clear that Xuan Man Do was primarily dealing cocaine, a deadly drug which has been a plague in the Yukon for many years. [...] 8. Throughout his dealings with police and probation officers, and with immigration officials, the Applicant was cooperative.
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1,169.
Occam Marine Technologies Ltd. v. Canada (National Research Council) - 1998-10-19
Federal Court DecisionsPace, as representative of the applicant, may explain, at least in part, a measure of disappointment and a lack of confidence on his part, in the integrity of the process followed by NRC in dealing with his requests for information and of the process followed by the Information Commissioner in dealing with his complaints. [...] 4.(1) Sous réserve des autres dispositions de la présente loi mais nonobstant toute autre loi fédérale, ont droit à l'accès aux documents des institutions fédérales et peuvent se les faire communiquer sur demande: [...] [21] The applicant also argues that the Commissioner's decision of December 10, 1997 violated the principles of procedural fairness because it was determined on the basis of findings about application of the Act which it is claimed the applicant did not have fair opportunity to address, in particular paragraphs 20(1)(b) and
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1,170.
Tihomirovs v. Canada (Minister of Citizenship and Immigration) - 2006 FC 197 - 2006-02-14
Federal Court Decisions(i) would fairly and adequately represent the interests of the class, [...] d) Is a Class Action the Preferable Procedure for the Fair and Efficient Resolution of the Common Questions of Law or Fact? [...] (i) would fairly and adequately represent the interests of the class,
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1,171.
AlOmari v. Canada (Citizenship and Immigration) - 2017 FC 727 - 2017-07-26
Federal Court DecisionsDid the Officer breach the Applicant’s right to procedural fairness by impugning his credibility without providing him with an opportunity to respond? [...] (2) Procedural Fairness [19] The Applicant also submits that the Decision lacks procedural fairness because it impugned his credibility without providing him with an opportunity to respond. [...] (2) Procedural Fairness [25] The Respondent submits that the Decision is procedurally fair.
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1,172.
Wanis v. Canadian Food Inspection Agency - 2013 FC 963 - 2013-09-20
Federal Court DecisionsHe had “spent numerous extended periods as A/District Veterinarian and has competently handled all issues dealing with CFIA staff in that office”. [...] (b) Fairness [40] With respect to procedural fairness, I note that Dr. Wanis was able to grieve Dr. Hebda’s appointment through three grievance levels. [...] There was no breach of procedural fairness. (c) Irrelevant Considerations
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1,173.
Koulatchenko v. Financial Transactions and Reports Analysis Centre of Canada - 2014 FC 206 - 2014-03-03
Federal Court DecisionsAlthough these cases did not deal with national security concerns, the distinction may be relevant to the legitimate expectations of the applicant. [...] (iii) establishing an agency that is responsible for dealing with reported and other information; [...] (2) Nothing in the Public Service Labour Relations Act shall be construed so as to affect the right or authority of the Director to deal with the matters referred to in paragraph (1)(b).
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1,174.
Coldwater First Nation v. Canada (Indian Affairs and Northern Development) - 2016 FC 595 - 2016-05-30
Federal Court Decisions[122] Kinder Morgan also submits that the content of the duty owed is reduced by the fact that Coldwater has negotiated its own deal with Kinder Morgan. [...] [154] The Minister submits that there was no breach of procedural fairness in this case. [...] Fiduciary duties do not automatically arise simply because the Crown is dealing with Aboriginals.
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1,175.
Gray v. Canada (Attorney General) - 2020 FC 1037 - 2020-11-06
Federal Court DecisionsIt also assists female offenders in their dealings with CSC and with the Parole Board of Canada. [...] For purposes of the present motion, counsel for the applicant focused on the alleged breach of procedural fairness. [...] Granting an interlocutory injunction is the only way to ensure that the applicant has access to the remedy that she seeks for the denial of procedural fairness she alleges – namely, having a fair opportunity to state her case against transfer before she is transferred.