Allen v. Canada (Attorney General), 2015 FC 213

JudgeFothergill, J.
CourtFederal Court (Canada)
Case DateJanuary 28, 2015
JurisdictionCanada (Federal)
Citations2015 FC 213;(2015), 476 F.T.R. 116 (FC)

Allen v. Can. (A.G.) (2015), 476 F.T.R. 116 (FC)

MLB headnote and full text

Temp. Cite: [2015] F.T.R. TBEd. MR.010

Alecia Angella Allen (applicant) v. Attorney General of Canada (respondent)

(T-1092-13; 2015 FC 213)

Indexed As: Allen v. Canada (Attorney General)

Federal Court

Fothergill, J.

February 20, 2015.

Summary:

While Allen was attempting to cross the border from Canada into the U.S. with her valid Canadian passport, U.S. border officials found the passport of another person in Allen's boot. Two years later, Allen applied for a passport. After an investigation, Passport Canada concluded that Allen had made false statements in her application and had used her passport in the commission of the indictable offence of possessing another person's identity document without lawful excuse. Passport Canada refused Allen's request for a passport and denied her passport services for five years under the Canadian Passport Order. Allen sought judicial review.

The Federal Court allowed the application, remitting the matter for reconsideration within 60 days.

Administrative Law - Topic 549

The hearing and decision - Decisions of the tribunal - Reasons for decisions - Sufficiency of - While Allen was attempting to cross the border from Canada into the U.S. with her valid Canadian passport, U.S. border officials found the passport of another person in Allen's boot - Two years later, Allen applied for a passport - After an investigation, Passport Canada concluded that Allen had made false statements in her application and had used her passport in the commission of the indictable offence of possessing another person's identity document without lawful excuse - Passport Canada refused Allen's request for a passport and denied her passport services for five years under the Canadian Passport Order - The Federal Court allowed Allen's application for judicial review - The reasons provided by Passport Canada to justify its decision were inadequate, rendering the decision, itself, unreasonable - The decision consisted of a recitation of facts and a final determination with no intervening analysis - This left the court "in considerable doubt about how the decision-maker in fact arrived at these conclusions" - See paragraphs 11 to 20.

Administrative Law - Topic 2155

Natural justice - Administrative decisions or findings - Effect of failure of tribunal or official to give reasons for decisions (incl. sufficiency of) - [See Administrative Law - Topic 549 ].

Administrative Law - Topic 2266

Natural justice - The duty of fairness - What constitutes procedural fairness - While Allen was attempting to cross the border from Canada into the U.S. with her valid Canadian passport, U.S. border officials found the passport of another person in Allen's boot - Two years later, Allen applied for a passport - After an investigation, Passport Canada concluded that Allen had made false statements in her application and had used her passport in the commission of the indictable offence of possessing another person's identity document without lawful excuse - Passport Canada refused Allen's request for a passport and denied her passport services for five years under the Canadian Passport Order - Allen sought judicial review - The Federal Court rejected Allen's argument that she had been denied procedural fairness because she had not received disclosure of the document generated by U.S. officials, which reflected badly on her credibility, until proceedings were commenced in this court - Allen was apprised of the material facts and information disclosed by the investigation and she was given a reasonable opportunity to respond - See paragraphs 34 to 37.

Aliens - Topic 2623

Naturalization - Passports - Withholding passport services - While Allen was attempting to cross the border from Canada into the U.S. with her valid Canadian passport, U.S. border officials found the passport of another person in Allen's boot - Two years later, Allen applied for a passport - After an investigation, Passport Canada concluded that Allen had made false statements in her application and had used her passport in the commission of the indictable offence of possessing another person's identity document without lawful excuse - Passport Canada refused Allen's request for a passport and denied her passport services for five years under the Canadian Passport Order - The Federal Court allowed Allen's application for judicial review - There was ambiguity in the Order and conflicting jurisprudence as to whether a refusal of passport services under s. 10(2)(b) of the Order required a conviction - The court resolved the ambiguity in Allen's favour - A conviction of an indictable offence was a precondition to passport revocation or denial of passport services - Here, Allen was neither charged with nor convicted of an indictable offence - Passport Services was without jurisdiction to deny passport services to Allen under s. 10(2)(b) of the Order - See paragraphs 21 to 33.

Cases Noticed:

Hrushka v. Canada (Minister of Foreign Affairs) et al. (2009), 340 F.T.R. 81; 2009 FC 69, refd to. [para. 10].

Sathasivam et al. v. Canada (Attorney General) (2013), 431 F.T.R. 261; 2013 FC 419, refd to. [para. 10].

Vancouver International Airport Authority et al. v. Public Service Alliance of Canada (2010), 403 N.R. 363; 320 D.L.R.(4th) 733; 2010 FCA 158, refd to. [para. 18].

Via Rail Canada Inc. v. National Transportation Agency et al., [2001] 2 F.C. 25; 261 N.R. 184 (F.C.A.), refd to. [para. 19].

Dias v. Canada (Attorney General) (2014), 446 F.T.R. 161; 22 Imm. L.R.(4th) 244; 2014 FC 64, affd. (2014), 466 N.R. 80; 2014 FCA 195, refd to. [para. 24].

Siska v. Passport Canada, [2014] F.T.R. Uned. 114; 2014 FC 298, refd to. [para. 26].

De Hoedt v. Canada (Minister of Citizenship and Immigration) (2014), 462 F.T.R. 162; 2014 FC 829, refd to. [para. 28].

Kamel v. Canada (Attorney General), [2009] 4 F.C.R. 449; 388 N.R. 4; 2009 FCA 21, refd to. [para. 40].

Statutes Noticed:

Canadian Passport Order, SI/81-86, sect. 10(2)(b) [para. 21].

Counsel:

Jared Will, for the applicant, Alecia Angella Allen;

Lorne McClenaghan, for the respondent, Attorney General of Canada.

Solicitors of Record:

Jared Will, Toronto, Ontario, for the applicant, Alecia Angella Allen;

William F. Pentney, Deputy Attorney General of Canada, Toronto, Ontario, for the respondent, Attorney General of Canada.

This application was heard at Toronto, Ontario, on January 28, 2015, by Fothergill, J., of the Federal Court, who delivered the following reasons for judgment at Ottawa, Ontario, on February 20, 2015.

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3 practice notes
  • Thelwell v. Canada (Attorney General), 2017 FC 872
    • Canada
    • Federal Court (Canada)
    • October 3, 2017
    ...passport application: Kamel #2; Abdi v. Canada (Attorney General), 2012 FC 642, [2012] F.C.J. No 945; Allen v. Canada (Attorney General), 2015 FC 213, 476 F.T.R. 116; Brar v. Canada (Attorney General), 2014 FC 763, 460 F.T.R. 248; De Hoedt v. Canada (Minister of Citizenship and Immigration)......
  • Ghahraman-Ebrahimi v. Canada (Attorney General), 2020 FC 746
    • Canada
    • Federal Court (Canada)
    • July 6, 2020
    ...revocation proceedings prevails (see Kamel v Canada (Attorney General), 2008 FC 338 at para 59 [Kamel]; Allen v Canada (Attorney General), 2015 FC 213 at para 10 [Allen]). [15] The presumption of reasonableness does not apply to questions of procedural fairness (Vavilov at para 23). For suc......
  • Whitely v. Canada (Minister of Citizenship and Immigration), [2015] F.T.R. Uned. 203 (FC)
    • Canada
    • Federal Court (Canada)
    • April 16, 2015
    ...anglaise] Fitzroy Barrington Whitely (applicant) v. The Minister of Citizenship and Immigration (respondent) (IMM-1331-14; 2015 FC 476; 2015 CF 476) Indexed As: Whitely v. Canada (Minister of Citizenship and Immigration) Cite As: [2015] F.T.R. Uned. 203 Federal Court Phelan, J. April 16, 20......
3 cases
  • Thelwell v. Canada (Attorney General), 2017 FC 872
    • Canada
    • Federal Court (Canada)
    • October 3, 2017
    ...passport application: Kamel #2; Abdi v. Canada (Attorney General), 2012 FC 642, [2012] F.C.J. No 945; Allen v. Canada (Attorney General), 2015 FC 213, 476 F.T.R. 116; Brar v. Canada (Attorney General), 2014 FC 763, 460 F.T.R. 248; De Hoedt v. Canada (Minister of Citizenship and Immigration)......
  • Ghahraman-Ebrahimi v. Canada (Attorney General), 2020 FC 746
    • Canada
    • Federal Court (Canada)
    • July 6, 2020
    ...revocation proceedings prevails (see Kamel v Canada (Attorney General), 2008 FC 338 at para 59 [Kamel]; Allen v Canada (Attorney General), 2015 FC 213 at para 10 [Allen]). [15] The presumption of reasonableness does not apply to questions of procedural fairness (Vavilov at para 23). For suc......
  • Whitely v. Canada (Minister of Citizenship and Immigration), [2015] F.T.R. Uned. 203 (FC)
    • Canada
    • Federal Court (Canada)
    • April 16, 2015
    ...anglaise] Fitzroy Barrington Whitely (applicant) v. The Minister of Citizenship and Immigration (respondent) (IMM-1331-14; 2015 FC 476; 2015 CF 476) Indexed As: Whitely v. Canada (Minister of Citizenship and Immigration) Cite As: [2015] F.T.R. Uned. 203 Federal Court Phelan, J. April 16, 20......

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