Charles v. Canada ( Minister of Citizenship and Immigration )
A-610-98
Strayer J.A.
6/5/99
3 pp.
Appeal from Trial Division decision ((1998) 157 F.T.R. 115) founded on certified question: whether on application for humanitarian and compassionate relief, denying counsel right to assist applicant with responses breach of duty of fairness-Question answered in negative and appeal dismissed-From evidence and reasons of applications judge, term "assist applicant with responses" meaning "to pose questions to applicant or to suggest responses to applicant"-Consistent with case law in Federal Court of Appeal, requirements of fairness very limited in processing of requests for special ministerial exemptions from law under Immigration Act, s. 114(2), based on humanitarian and compassionate grounds-As no hearing or interview required, would be surprising if interview, if held, required to take on aspects of judicial process-Immigration Act, R.S.C., 1985, c. I-2, s. 114(2) (as am. by S.C. 1992, c. 49, s. 102).