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Administrative law 2024 FC 443

Welcome v. Canada

The Federal Court struck a self-represented plaintiff’s claim about an LAC hiring process, holding the dispute belonged under the PSEA and the pleading lacked material facts.

  • Judicial jurisdiction
  • Statutory remedy under psea
  • Breach of trust
  • Defamation
  • Official languages
  • Discrimination
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Immigration 2022 FC 1119

Tchiianika v. Canada (Immigration, Refugees and Citizenship)

Federal Court allowed judicial review of a RAD refugee decision, finding the RAD unreasonably omitted key corroborating evidence and failed to reconcile its credibility findings.

  • Refugee protection
  • Credibility assessment
  • Gender-based persecution
  • Procedural fairness
  • Official languages
  • Refugee-protection
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Immigration law 2021 FC 714

AB v. Canada (Citizenship and Immigration)

The Federal Court allowed judicial review of an H&C refusal, finding the officer misapprehended key evidence, including the TRP purpose, medical evidence, and the child’s interests.

  • Humanitarian and compassionate grounds
  • Temporary resident permit for victims of family violence
  • Standard of review - reasonableness
  • Best interests of the child
  • Procedural fairness
  • Official languages
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Criminal law 2020 ONCA 308

R. v. Poobalasingham

The Court held that while a timely order under s.530 is a necessary precondition for a s.638(1)(f) challenge, it does not afford an automatic right to challenge every prospective juror for cause; claimants must satisfy the ordinary 'air of reality' evidentiary threshold to proceed with challenges under s.638(1)(f); absent such a showing the challenges may be dismissed to prevent abuse and delay. Accordingly the appeals were dismissed and the convictions affirmed.

  • Criminal code s.530
  • Criminal code s.638(1)(f)
  • Jury selection
  • Challenge for cause
  • Language competency of jurors
  • Official languages
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Constitutional law 2018 SCC 50

Mazraani v. Industrial Alliance Insurance and Financial Services Inc.

The Supreme Court held that a Tax Court judge violated official-language rights by pressuring witnesses and counsel to proceed in English and affirmed a new hearing.

  • Official languages
  • Right to interpretation
  • Judicial duty to protect rights
  • Remedies for rights violations
  • Official-languages
  • Language-rights
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Immigration law MB5-00540

MB5-00540

The RAD accepted the application to re-open because the RPD did not provide the appellant with the reasons in the official language of his choice until after the appeal was dismissed for lack of perfection, which amounted to a failure to observe a principle of natural justice; the appellant must be given time to consider those reasons and consult counsel, therefore the re-opening is warranted and the appellant is granted 30 days to perfect the appeal.

  • Natural justice
  • Official languages
  • Appeal perfection
  • Extension of time
  • Representative conduct
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Administrative law 2014 FC 849

Canada (Commissioner of Official Languages) v. CBC

The Federal Court held that CBC/Radio-Canada is subject to Part VII of the Official Languages Act, but kept a permanent stay in place after the CRTC dealt with the programming dispute.

  • Jurisdiction
  • Concurrent jurisdiction
  • Official languages
  • Minority rights
  • Stay of proceedings
  • Issue estoppel
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Administrative law 2011 FC 159

Mayrand v. Canada (Revenue Agency)

Federal Court allowed judicial review of a CRA staffing decision, finding the reviewer's conclusion unreasonable because the scoring key lacked transparency and allowed arbitrariness.

  • Judicial review
  • Procedural fairness
  • Reasonableness review
  • Staffing program and assessment methods
  • Recourse for assessment
  • Official languages
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Immigration law 2009 FC 867

Thompson v. Canada (Citizenship and Immigration)

Judicial review application dismissed where delayed English translation of French officer’s notes caused no prejudice and no Charter breach was found.

  • Humanitarian and compassionate grounds
  • Official languages
  • Procedural fairness
  • Natural justice
  • Translation of administrative records
  • Judicial-review
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Immigration law 2008 FC 1261

Kwizera v. Canada (Citizenship and Immigration)

Judicial review of a refugee determination was dismissed. The Court upheld the Member’s credibility findings, found no ignored material evidence, and held any translation errors were not material.

  • Credibility findings
  • Judicial review standard (reasonableness)
  • Interpreter/translation issues
  • Evidence assessment
  • Official languages
  • Judicial-review
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.