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The Federal Court dismissed a mandamus application seeking a decision on an inland spousal permanent residence file, finding the delay justified by ongoing security screening and admissibility review.
The Crown's proposed expert evidence from Dr. Coyne was inadmissible because it was not logically relevant to any fact in issue in the indictment—general evidence about Fox Hunt/Sky Net, untethered to the accused's specific conduct or the specific target, did not tend to prove the elements the Crown must establish; alternatively, any marginal probative value would be overborne by prejudicial effect and risk of distracting the jury.
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Although the arresting officer sincerely believed Majcher conspired with PRC actors, the totality of circumstances known by July 16, 2023 consisted largely of unverified open‑source material, tenuous associations, and speculative inferences; those materials were not sufficiently credible or compelling to permit an objectively reasonable belief of a conspiracy to employ coercive threats under SOIA, and therefore the warrantless arrest violated section 9 of the Charter.
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The Federal Court partly allowed an ATIA application over historic intelligence records, ordered disclosure of several pages, remitted one discretion issue, and awarded costs.
The Federal Court dismissed a mandamus-style judicial review over a delayed start-up visa application, holding that a lawful suspension of the designated entity removed any public duty to decide.
The Federal Court granted mandamus in an immigration delay case, finding a 45-month PNP permanent residence delay unreasonable and not adequately justified by ongoing security screening.
The Federal Court dismissed a judicial review of an immigration inadmissibility decision, finding the officer gave the gist of concerns and made reasonable inferences from the record.
The court dismissed William Robert Majcher’s application for disclosure or production of FPNS records, holding the records were third-party operational materials and not likely relevant.
Crown’s application to admit similar fact email evidence was dismissed because its modest probative value was outweighed by prejudice and propensity risk.
The Federal Court dismissed a mandamus application over delayed TRV processing, finding IRCC’s security-based inadmissibility concerns justified the delay.
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