Rouet c. Canada (Procureur général)

Rouet c. Canada (Procureur général)

The Federal Court of Appeal upheld the Federal Court: appellant failed to prove a breach of procedural fairness because there was no certified evidence that the contested documents were before the deputy assistant deputy minister and appellant did not use Rule 317 or cross-examination to establish that fact; absent...

Source-derived case information.

Citation
2025 CAF 216
Parties
Appellant: Marc-André Rouet; Respondent: Procureur général du Canada (Ministère de la Justice)
Court
Federal Court of Appeal
Jurisdiction
Canada
Judgment Date
2 December 2025
Procedural Posture
Appeal From Federal Court Judicial Review Decision / Appeal to Federal Court of Appeal (judgment on Appeal)
Outcome
appeal dismissed with costs
Legal Topics
Judicial Review, Procedural Fairness, Federal Courts Rules Rule 317, Certification of Record, Grievance Procedure, Probationary Dismissal
Source Language
fr
Administrative Law Employment Law Procedural Fairness Judicial Review Federal Courts Rules Rule 317 Certification of Record Grievance Procedure Probationary Dismissal

Source-derived case record

Summary, issues, holding and outcome

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Parties

Marc-André Rouet

Appellant

Procureur général du Canada (Ministère de la Justice)

Respondent

Procedural Posture

Appeal From Federal Court Judicial Review Decision / Appeal to Federal Court of Appeal (judgment on Appeal)

  1. 1 Whether the decision-maker relied on documents that were not disclosed to the applicant
  2. 2 Whether failure to use or produce a certified record under Rule 317 precluded proof of a procedural fairness breach
  3. 3 Whether the employer's failure to follow its internal evaluation procedures amounted to a breach of natural justice

Ratio Decidendi

The Federal Court of Appeal upheld the Federal Court: appellant failed to prove a breach of procedural fairness because there was no certified evidence that the contested documents were before the deputy assistant deputy minister and appellant did not use Rule 317 or cross-examination to establish that fact; absent such proof, and given that non-compliance with internal evaluation procedures is not ipso facto a procedural fairness violation, the judicial review must be dismissed.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed with costs