Jason Kenney’s Statements on the Roma – Inappropriate? [Updated]

5th Jan 2011 Comments Off on Jason Kenney’s Statements on the Roma – Inappropriate? [Updated]

On July 14, 2009, Canada imposed a visa requirement on the Czech Republic. At the time, Jason Kenney, the Minister of Citizenship and Immigration, took to the air waves defending the decision, repeatedly stating that a high percentage of the Czech refugee claims were bogus.

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Showing that the Visa Officer or IRB Member or CBSA Officer Was Biased

14th Jun 2010 Comments Off on Showing that the Visa Officer or IRB Member or CBSA Officer Was Biased

Last updated on July 21st, 2021

Many individuals think that either a visa officer, a Canada Border Services Agency (“CBSA“) officer or an Immigration and Refugee Board member is biased against them.

This is not an argument to make lightly.

Test for Bias

In Committee for Justice and Liberty et al. v. National Energy Board et al., 1976 2 (SCC), [1978] 1 SCR 369, the Supreme Court of Canada held that in order for an individual to demonstrate that a government decision maker is biased, then:

the apprehension of bias must be a reasonable one, held by reasonable and right minded persons, applying themselves to the question and obtaining thereon the required information. [T]hat test is “what would an informed person, viewing the matter realistically and practically — and having thought the matter through — conclude.  Would he think that it is more likely than not that [the decision-maker], whether consciously or unconsciously, would not decide fairly.

As well, the Supreme Court of Canada has also noted that:

Regardless of the precise words used to describe the test, the object of the different formulations is to emphasize that the threshold for a finding of real or perceived bias is high. It is a finding that must be carefully considered since it calls into question an element of judicial integrity. Indeed an allegation of reasonable apprehension of bias calls into question not simply the personal integrity of the judge, but the integrity of the entire administration of justice. Where reasonable grounds to make such an allegation arise, counsel must be free to fearlessly raise such allegations. Yet, this is a serious step that should not be undertaken lightly.

Finally,

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