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Agard v. Canada (Attorney General) - 2011 FC 1327 - 2011-11-18

In this application, we are dealing with the grievance of the classification part of the process.   [...]  In the words of the Court of Appeal, that test is “what would an informed person, viewing the matter realistically and practically – and having thought the matter through – conclude Would he think that it is more likely than not that [the decision-maker], whether consciously or unconsciously, would not decide fairly.”   [...]  Stated in terms of the test for apprehension of bias, an informed person, viewing the matter realistically and practically – and having thought the matter through – would not think that it is more likely than not that Mr. Pelchat, whether consciously or unconsciously, would not decide fairly.

Jenner v. The Queen - 2010 TCC 523 - 2010-10-14

[10] Article 2848 of the Civil Code of Québec (C.C.Q.), which states that res judicata is found in Book Seven dealing with the evidence and reads as follows:   [...]  . . .There may be instances where relitigation will enhance, rather than impeach, the integrity of the judicial system, for example: (1) when the first proceeding is tainted by fraud or dishonesty; (2) when fresh, new evidence, previously unavailable, conclusively impeaches the original results; or (3) when fairness   [...]  If, for instance, the stakes in the original proceeding were too minor to generate a full and robust response, while the subsequent stakes were considerable, fairness would dictate that the administration of justice would be better served by permitting the second proceeding to go forward than by insisting that finality

Golbom v. Canada (Citizenship and Immigration) - 2010 FC 640 - 2010-06-14

[3] In addition, the applicants contended in their written submissions that their rights to procedural fairness had been violated by the refusal of an adjournment of the hearing and inadequate interpretation when the hearing proceeded over their objections.   [...]  [11] While the right to counsel is not absolute in immigration matters and tribunals are masters of their own procedures, administrative tribunals have to respect procedural fairness when deciding an adjournment request based on the absence of counsel: Austria v. Canada (Minister of Citizenship and Immigration), 2006 FC   [...]  On several occasions, the member expressed her concern and apparent irritation about the difficulty in dealing with five claimant witnesses.

Canada (National Revenue) v. Currie - 2008 FC 237 - 2008-02-21

a) Complete details of, including but not limited to, the name, complete address and types of transactions with all financial institutions Jay Currie, (sometime known as Jay Ferguson Elliott Currie) including any partnerships, trade names or operating names, has had dealings with for the periods 01 January 2007 to 30 June   [...]  The process outlined in the Notice of Application is fair and does not violate the principles of fundamental justice.   [...]  [21] Since the Respondent's concerns regarding a fair hearing have been met, his objections on constitutional grounds are misplaced.

Canadian Association of Broadcasters v. Society of Composers, Authors and Music Publishers of Canada - 2006 FCA 337 - 2006-10-19

And, as Mr Laskin, counsel for CAB, fairly pointed out, the Board refers to the combined rates payable to all three collectives in a footnote to its reasons.   [...]  However, the adequacy of the Board’s reasons is a question of procedural fairness and, as such, is for the Court to decide for itself.   [...]  This is not a case where the reasons fail to deal with significant evidence that appears to be contrary to its conclusion.

Prentice v. Canada (Royal Mounted Police) - 2004 FC 1657 - 2004-11-25

(d) the procedure set out in sections 19(a), 20, 22 and 28 of the Royal Canadian Mounted Police Regulations (1988), SOR/88-361, dealing with discharges on medical grounds;   [...]  However, in the event that the defendant has breached the appellants' rights that are guaranteed by this section, it is far from certain that section 9 of the Act can be relied upon to exclude a fair and appropriate remedy in keeping with the circumstances.   [...]  It is up to the judge responsible for applying subsection 24(1) of the Charter, to assess whether the pension that might be awarded is appropriate and fair in regard to the circumstances, or if it would be appropriate to add further compensation.

Remo Imports Ltd. v. Jaguar Cars Ltd. - 2004-10-12

This is because judges "are assumed to be [people] of conscience and intellectual discipline, capable of judging a particular controversy fairly on the basis of its own circumstances": United States v. Morgan, 313 U.S. 409 (1941), at p. 421.   [...]  In Wewaykum, the Supreme Court of Canada did not find a reasonable apprehension of bias where one of the Justices, in a previous position as Associate Deputy Minister of Justice had had occasion to deal with the aboriginal land claims at issue by giving policy advice on the matter;   [...]  The Supreme Court of Canada has clearly held that there is a strong presumption that judges will decide these issues fairly;

Zada v. Canada (Minister of Citizenship and Immigration) - 2003 FCT 9 - 2003-01-10

27. (1) L'agent d'immigration ou l'agent de la paix doit faire part au sous-ministre, dans un rapport écrit et circonstancié, de renseignements concernant un résident permanent et indiquant que celui-ci, selon le cas :   [...]  70. (1) Sous réserve des paragraphes (4) et (5), les résidents permanents et les titulaires de permis de retour en cours de validité et conformes aux règlements peuvent faire appel devant la section d'appel d'une mesure de renvoi ou de renvoi conditionnel en invoquant les moyens suivants :   [...]  [. . .] (c) during a hearing, receive such additional evidence as it may consider credible or trustworthy and necessary for dealing with the subject-matter before it.

Kammoun v. Canada (Minister of Citizenship and Immigration) - 2002 FCT 217 - 2002-02-26

1. What is the obligation of an immigration officer at a Canadian Port of Entry when dealing with a Refugee Claimant who is unable to communicate in either the English or the French languages?   [...]  [23] On the circumstances of this case, I am satisfied that the tribunal's decision does not raise an issue of procedural fairness.   [...]  There being no issue of procedural fairness raised by the tribunal's decision, I am of the view that the certification process under subsection 83(1) of the Act does not contemplate a circumstance where the Court of Appeal is asked to adjudicate an issue that was not raised or even argued before a tribunal.

Zundel v. Sabina Citron - 2001 FCA 212 - 2001-06-25

It was argued that subsection 48.1(2) raises a reasonable apprehension that all of the appointees thereunder have an inherent bias towards human rights when acting in an adjudicative role which demands the fair balancing of both human rights and Charter rights and freedoms.   [...]  The statutory qualifications set out in subsection 48.1(2) could not give rise to a reasonable apprehension of bias considering that the overriding duty placed on panel members is to strive for fairness and a just result.   [...]  The learned Judge was there dealing with allegations of a reasonable apprehension of bias against a Youth Court Judge.

Braga v. Canada (Minister of Citizenship and Immigration) - 2001 FCT 80 - 2001-02-15

[13] The underlying judicial review application deals with a danger opinion by the Minister pursuant to subsection 70(5) of the Immigration Act R.S.C. 1985, c. I-2.   [...]  Secondly, by failing to give reasons did the Minister's delegate breach the duty of fairness?   [...]  In Bhagwandass(8), Mr. Justice Gibson held that a danger opinion is subject to judicial review if the appropriate content of the duty of fairness was not provided.

Motta v. Canada (Attorney General) - 2000-01-07

More generally, I point out that the scope of the requirements imposed by the duty to act fairly and the audi alteram partem rule varies depending on the circumstances of each case.   [...]  [13] In the case at bar, we are dealing with a simple application for clearance or a permit made by a person who has no existing right to that clearance or permit and is not accused of anything.   [...]  In the circumstances, therefore, I consider that the requirements imposed by the duty to act fairly are minimal and that, after allowing the plaintiff to submit his application in writing as he did, the Minister only had to render a decision that was not based on an erroneous finding of fact made in a perverse or capricious

Turner v. The Queen - 1998-08-18

One example of this is a letter to the Right Honourable Brian Mulroney, P.C., M.P., in the spring of 1987 signed by 11 Members of Parliament and 1 senator urging a fairer deal for the Appellant.   [...]  Our colleague, Don Mazankowski, at one point while Minister he says offered to appoint an independent arbitrator to propose a fair damages settlement for the matter.   [...]  "In short, Mr. Turner now seeks only to have a reputable person appointed quickly to arbitrate fair damages.