[2012] 3 F.C.R. D-13
Crown
Prerogatives
Judicial review of Passport Canada adjudicator’s decision revoking applicants’ passports, refusing applicants passport services for five years, based on conclusion applicants allowing other individuals to use their passports, providing false information in support of replacement applications—Following seizure of applicants’ passports from impostors, Passport Canada carrying out investigation—Adjudicator adopting Passport Canada’s recommendations—Applicants’ first allegation regarding breach of procedural fairness without merit as no basis upon which Passport Canada could reasonably have determined applicants had difficulties communicating in English—Passport Canada also under no obligation to hold oral hearing or to provide translation services to applicants—Applicants also arguing Passport Canada ought to have disclosed copies of entire file to them or certain pieces of information amounting to written advocacy—Fact fruitless lines of inquiry not disclosed to applicants having no bearing on applicants’ ability to make full answer and defence as those inquiries not material to case—Kamel v. Canada (Attorney General), 2008 FC 338, [2008] 1 F.C.R. 59, revd on other grounds 2009 FCA 21, [2009] 4 F.C.R. 449 holding Passport Canada must disclose to decision maker, individual under investigation, all information gathered relevant to determination to be made—Need to disclose immaterial information not squarely addressed in Kamel—Federal Court’s comments therein not standing for proposition Passport Canada breaching procedural fairness if failing to disclose irrelevant documents that might be sent to adjudicator—Ample authority supporting notion that where interests at issue important but not concerning life, liberty of individuals, natural justice met if investigator providing summary of material facts relevant to determination to be made—Applicants afforded appropriate procedural fairness herein—Application dismissed.
Slaeman v. Canada (Attorney General) (T-1337-11, 2012 FC 641, Gleason J., judgment dated May 25, 2012, 26 pp.)