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Puvaneswaran v. Canada (Citizenship and Immigration) - 2006 FC 1543 - 2006-12-21

5. Was the Applicant denied procedural fairness and the due process of law as to whether there was a fair hearing before the RPD by directing the RPO first to conduct the cross-examination of the Applicant before the Applicant presented his case to the panel, especially when the Applicant was a victim of violence?   [...]  [6] However, the Minister’s operations manual dealing with “Processing Claims for Protection in Canada” contains the following instructions to officers to whom a claim for refugee status is made:

Vaamonde Wulff v. Canada (Minister of Citizenship and Immigration) - 2006 FC 725 - 2006-06-09

[18] With respect to the issue of procedural fairness and natural justice, the applicants argue that assurances were made that the Board would not be considering the issues of subjective fear, internal flight alternative ("IFA"), and the reliability of documents.   [...]  Therefore, I am of the opinion that the applicants' argument that subjective fear encompasses credibility must fail, and the Board's decision should not be disturbed on the grounds of procedural fairness or natural justice.   [...]  [24] In a further memorandum of argument, the applicants raise the issue of the order of questioning, under Guideline 7 of the Chairperson's Guidelines, which deals with the preparation and conduct of a hearing.

Rosado-Sicard v. Canada (Minister of Citizenship and Immigration) - 2005 FC 445 - 2005-04-05

Further, Mr. Justice Luc Martineau came to like conclusions in a case dealing with s. 64(2) of the Act in Martin v. Canada (Minister of Citizenship and Immigration), [2005] F.C.J. No. 83 (F.C.) (QL).   [...]   raisons impérieuses de sécurité nationale ne s'y opposent, il doit avoir la possibilité de faire valoir les raisons qui militent contre son expulsion et de faire examiner son cas par l'autorité compétente, ou par une ou plusieurs personnes spécialement désignées par ladite autorité, en se faisant représenter à cette fin.

Babar Ahmed Shah v. Canada (Minister of Citizenship and Immigration - 2002 FCT 460 - 2002-04-24

There were other reasons, but for our purposes here today we need only deal with the objection based on national security.   [...]  However, they argued that as they had a fundamental right to a fair and equitable trial they were entitled to everything Boilard J. had asked the Attorney General of Quebec to produce, including the names, registrations and reports of the various S.Q. officers, the "will say statements".   [...]  [9] The public interest cited by the respondents is that of a fair and equitable trial.

Ali v. Canada (Minister of Citizenship and Immigration) - 1998-01-30

[12] Counsel for the applicants urged that the CRDD erred in failing to provide to the applicants procedural fairness and natural justice, both in the general manner in which the hearing of their claims was carried out and in more specific aspects, and erred in law and in a reviewable manner in reaching a number of the   [...]  While not all of the specific concerns that it eventually identified in its reasons for decision were noted, they could all be said to have been encompassed within the range of issues identified and competent counsel would have been appropriately prepared to deal with them, both through testimony and through submissions,   [...]  [17] In the result, I cannot conclude that the applicants were denied procedural fairness or natural justice by the CRDD.

Bird v. Peter Ballantyne Cree Nation - 2023 FC 229 - 2023-02-16

[15] On April 14, 2022, the Applicant requested a meeting with the PBCN Council of Elders for guidance and support in dealing with some personal issues.   [...]  A. Was there a breach of procedural fairness? B. Was the PBCN Election Code followed?   [...]  [52] The February 8, 2022 meeting was not procedurally fair to the Applicant.

Veillette v. Canada (National Revenue) - 2014 FC 809 - 2014-08-19

First, it is argued that the refusal to disclose documents relevant to a staffing recourse is a breach of procedural fairness.   [...]  (2) No collective agreement may deal with matters governed by the staffing program.   [...]  [22] A helpful starting point could well be to consider what procedural fairness entails in such matters.

Manuge v. Canada - 2008 FC 624 - 2008-05-20

(i) would fairly and adequately represent the interests of the class,   [...]  Class proceedings are an efficient response to market demand only if they can resolve disputes fairly.   [...]  I have no reservations about the ability of the Court to deal with this issue, if necessary, in the exercise of its supervisory jurisdiction.

Leasak v. Canada (Minister of Public Safety and Emergency Preparedness) - 2006 FC 1397 - 2006-11-17

Has the Minister breached the duty of procedural fairness by failing to:   [...]  The Manual appears designed to provide guidance within Customs and Excise for consistency in discharge of responsibilities in a major department with many local offices each dealing with many members of the public at large.   [...]  The failure to do that in this case amounts to a breach of procedural fairness.

Begum v. Canada (Citizenship and Immigration) - 2018 FCA 181 - 2018-10-10

Indeed, the MNI requirement is not fundamentally unfair to the appellant, and subsection 67(3) of the IRPR, which provides for an examination of humanitarian and compassionate circumstances, provides sufficient procedural fairness.   [...]  [40] The appellant also argued that her right to procedural fairness was breached because the IAD failed to advise her that it would be applying the amended version of paragraph 133(1)(j) and section 134 to her sponsorship appeal.   [...]  Second, the court must deal with whether the basis for the differential treatment is an enumerated or analogous ground.

Kolas v. Canada (Attorney General) - 2001 FCA 65 - 2001-03-16

However, without such evidence there is simply no basis for the Umpire or this Court to properly deal with such an issue.   [...]  To do so would involve speculation on my part as to the procedural fairness of the Board hearing which is improper.

Canada v. Bezan Cattle Corporation - 2021 FC 397 - 2021-05-04

[36] As noted above, to be “fair and just”, the record before the motions judge must permit the judge to find the facts necessary to resolve the dispute: ...   [...]  It is apparent from the course of dealings that both MLCA and the Bezans agreed that BCC was responsible for repaying all of the funds advanced.   [...]  The Bezans felt “a great deal of pressure and intimidation” and “like we had no options which seems silly looking back that we could have simply made $100.00 per month payments to avoid default”.

Porter Airlines Inc. v. Canada (Attorney General) - 2013 FC 780 - 2013-07-11

[67] The Act provides an elaborate process to deal with third party information.   [...]  4. (1) Sous réserve des autres dispositions de la présente loi mais nonobstant toute autre loi fédérale, ont droit à l’accès aux documents relevant d’une institution fédérale et peuvent se les faire communiquer sur demande :   [...]  (2) Si, à son avis, il existe des éléments de preuve touchant la perpétration d’une infraction fédérale ou provinciale par un administrateur, un dirigeant ou un employé d’une institution fédérale, la Cour peut faire part à l’autorité compétente des renseignements qu’elle détient à cet égard.