Hassan v. Canada ( Minister of Employment and Immigration )

A-757-91

Hugessen J.A.

8/2/93

Appeal from negative decision of Refugee Division -- Appeal Book not including standardized country file -- At hearing, Board indicating intention to refer to standardized country files available on Somalia -- Such files consisting of materials from generally reliable sources (Amnesty International Reports, newspaper or journal articles) made available to Board, counsel, parties and public -- As regularly updated, only materials in index filed at particular hearing can be used in considering claim -- Pursuant to R. 324 motion to vary Appeal Book, Board ordered to show cause why standardized country file not produced as "papers relevant to the matter before the tribunal" within R. 1305 -- Immigration Act, s. 68(4) permitting Refugee Division to take notice of any facts that may be judicially noticed and of any other generally recognized facts and any information or opinion within its specialized knowlege -- Before Refugee Division takes notice of any facts other than facts that may be judicially noticed, under s. 68(5) required to notify Minister and subject of proceedings of intention and afford them reasonable opportunity to make representations with respect thereto -- Board acted properly in not producing whole of contents of standardized country files as part of papers relevant to matter before it -- S. 68 extending concept of judicial notice for Board beyond normal meaning in court of law -- Published information relating to conditions in countries from which refugee claimants come expected to be within "specialized knowledge of Board" -- By making published information publicly available and by referring to then current index at outset of hearing, Board adequately complied with notice requirements of s. 68(5) -- To extent any such material not specifically referred to by Board in reasons for decision, need not be produced to form part of record in Court -- Not saying counsel may not make use of any other material in standardized country files -- Party who asks Court to act on it in same way Board might have done must bring such material to Court's attention -- Most convenient and effective way to reproduce copies of document as annex to memorandum of fact and law -- Application to vary Appeal Book dismissed -- Federal Court Rules, C.R.C., c. 663, RR. 324, 1305, 1306 (as am. by SOR/92-43, s. 12) -- Immigration Act, R.S.C., c. I-2, s. 68 (as am. by R.S.C., 1985 (4th Supp.), c. 28, s. 18).