Anderson v. Canada (Customs and Revenue Agency)
The Federal Court of Appeal upheld Dawson J.'s interpretation of "recourse" under the CCRA Act and her conclusion on the content of the duty of fairness, finding no breach and no reversible error; therefore the appeal is dismissed with costs.
Source-derived case information.
- Citation
- 2004 FCA 126
- Parties
- Appellant: George Anderson; Respondent: Canada Customs and Revenue Agency
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 24 March 2004
- Procedural Posture
- Judicial Review / Appeal to the Federal Court of Appeal
- Outcome
- Appeal dismissed with costs.
- Legal Topics
- Duty of Fairness, Recourse Procedure, Jurisdiction, Interpretation of the Canada Customs and Revenue Agency Act, Relationship With Public Service Employment Act
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Anderson
Appellant
Canada Customs and Revenue Agency
Respondent
Procedural Posture
Judicial Review / Appeal to the Federal Court of Appeal
Legal Issues
- 1 Whether Dawson J. erred in dismissing the application for judicial review
- 2 Proper interpretation of "recourse" in subsections 55(1) and 100(2) of the Canada Customs and Revenue Agency Act
- 3 Whether the duty of procedural fairness was breached in the recourse decision-making process
Ratio Decidendi
The Federal Court of Appeal upheld Dawson J.'s interpretation of "recourse" under the CCRA Act and her conclusion on the content of the duty of fairness, finding no breach and no reversible error; therefore the appeal is dismissed with costs.
Court Disposition
Appeal dismissed with costs.
Orders
- Appeal dismissed
- Order of the Federal Court dated May 29, 2003 upheld
Full Case Text
Judgment text and source record
1 paragraphs
Anderson v. Canada (Customs and Revenue Agency) Court (s) Database Federal Court of Appeal Decisions Date 2004-03-24 Neutral citation 2004 FCA 126 File numbers A-306-03 Decision Content Date: 20040324 Docket: A-306-03 Citation: 2004 FCA 126 CORAM: NOËL J.A. EVANS J.A. PELLETIER J.A. BETWEEN: GEORGE ANDERSON Appellant and CANADA CUSTOMS AND REVENUE AGENCY Respondent Heard at Ottawa, Ontario, on March 24, 2004. Judgment delivered from the Bench at Ottawa, Ontario, on March 24, 2004. REASONS FOR JUDGMENT OF THE COURT BY: EVANS J.A. Date: 20040324 Docket: A-306-03 Citation: 2004 FCA 126 CORAM: NOËL J.A. EVANS J.A. PELLETIER J.A. BETWEEN: GEORGE ANDERSON Appellant and CANADA CUSTOMS AND REVENUE AGENCY Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario, on March 24, 2004) EVANS J.A. [1] We are not persuaded that Dawson J. made any reversible error when she dismissed the appellant's application for judicial review of a decision rendered in respect of the appellant pursuant to the recourse procedure established by the Canada Customs and Revenue Agency. See Anderson v. Canada Customs and Revenue Agency, 2003 FCT 667. [2] We agree with Dawson J.'s interpretation of the word "recourse" in subsections 55(1) and 100(2) of the Canada Customs and Revenue Agency Act, S.C. 1999, c. 17, and of the other provisions of that Act dealing with the relationship between the Canada Customs and Revenue Agency Act and the Public Service Employment Act, R.S.C. 1985, c. P-33. [3] We agree also with her conclusion on the content of the duty of fairness in the decision-making context under review in this proceeding and that the duty was not breached. [4] For these reasons, the appeal will be dismissed with costs. "John M. Evans" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD Appeal from an Order of the Federal Court dated May 29, 2003, Court File No. T-1163-01 DOCKET: A-306-03 STYLE OF CAUSE: George Anderson v. CCRA PLACE OF HEARING: Ottawa, Ontario DATE OF HEARING: March 24, 2004 REASONS FOR JUDGMENT OF THE COURT: Noël, Evans and Pelletier JJ.A. RENDERED FROM THE BENCH BY: Evans J.A. APPEARANCES: Mr. Andrew Raven FOR THE APPELLANT Mr. J. Sanderson Graham FOR THE RESPONDENT SOLICITORS OF RECORD: Raven, Allen, Cameron, Ballantyne & Yazbeck LLP Ottawa, Ontario FOR THE APPELLANT Mr. Morris Rosenberg Deputy Attorney General of Canada Ottawa, Ontario FOR THE RESPONDENT