Touri c. Canada (Défense nationale)

Touri c. Canada (Défense nationale)

The Court held the Commission acted within its statutory authority and procedural discretion, there was no reasonable apprehension of bias warranting recusal, no breach of procedural fairness or s.15 equality, and the Commission’s refusal to sustain the complaint was reasonable because the applicant failed to...

Source-derived case information.

Citation
2026 CAF 58
Parties
Applicant: Abderrahim Touri; Respondent: Treasury Board (Department of National Defence)
Court
Federal Court of Appeal
Jurisdiction
Canada
Judgment Date
20 March 2026
Procedural Posture
Judicial Review of Administrative Decision / Federal Court of Appeal Judgment on Judicial Review Appeal
Outcome
Application for judicial review dismissed
Legal Topics
Procedural Fairness, Recusal and Reasonable Apprehension of Bias, Judicial Review Reasonableness, Charter S.15 Equality, Virtual Hearings and Mode of Hearing, Burden of Proof Under Labour Statute
Source Language
fr
Administrative Law Employment and Labour Law Constitutional Law Administrative Tribunals Procedural Fairness Recusal and Reasonable Apprehension of Bias Judicial Review Reasonableness Charter S.15 Equality +2 more

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Parties

Abderrahim Touri

Applicant

Treasury Board (Department of National Defence)

Respondent

Procedural Posture

Judicial Review of Administrative Decision / Federal Court of Appeal Judgment on Judicial Review Appeal

  1. 1 Whether the commissioner should have recused for reasonable apprehension of bias
  2. 2 Whether the Commission breached procedural fairness by refusing in-person hearing, withholding reasons, denying transcripts/recordings, or rendering decision after delay
  3. 3 Whether refusal to prohibit military uniforms and failure to produce conference minutes engaged s.15 equality rights

Ratio Decidendi

The Court held the Commission acted within its statutory authority and procedural discretion, there was no reasonable apprehension of bias warranting recusal, no breach of procedural fairness or s.15 equality, and the Commission’s refusal to sustain the complaint was reasonable because the applicant failed to discharge the evidentiary burden by not presenting evidence or attending the hearing.

Court Disposition

Application for judicial review dismissed

Orders

  • Application for judicial review dismissed
  • Judgment with costs awarded to respondent in the amount of CAD 2,000