What is the agency's burden of explanation in its reasons for a finding of fact?

Canada (Federal), Canada

The following excerpt is from Cepeda-Gutierrez v. Canada (Minister of Citizenship and Immigration), 1998 CanLII 8667 (FC):

However, the more important the evidence that is not mentioned specifically and analyzed in the agency's reasons, the more willing a court may be to infer from the silence that the agency made an erroneous finding of fact "without regard to the evidence": Bains v. Canada (Minister of Employment and Immigration) (1993), 63 F.T.R. 312 (F.C.T.D.). In other words, the agency"s burden of explanation increases with the relevance of the evidence in question to the disputed facts. Thus, a blanket statement that the agency has considered all the evidence will not suffice when the evidence omitted from any discussion in the reasons appears squarely to contradict the agency's finding of fact. Moreover, when the agency refers in some detail to evidence supporting its finding, but is silent on evidence pointing to the opposite conclusion, it may be easier to infer that the agency overlooked the contradictory evidence when making its finding of fact. Issue 1: a serious possibility of persecution

Other Questions


What is the burden of explanation for a federal government agency in its reasons for a finding of fact? (Canada (Federal), Canada)
What is the agency's burden of explanation for its finding of fact in its reasons? (Canada (Federal), Canada)
What is the agency’s burden of explanation in its reasons for a finding of fact? (Canada (Federal), Canada)
What is the agency’s burden of explanation in its reasons for fining a finding of fact? (Canada (Federal), Canada)
What is the agency’s burden of explanation for its finding of fact? (Canada (Federal), Canada)
What is the agency’s burden of explanation when it refers to evidence that contradicts its finding of fact? (Canada (Federal), Canada)
What is the burden of proof for a motion where the motionant has to prove that no reasonable trier of fact could find other than for the moving party? (MultiRegion, United States of America)
What is the burden of proof against a party who has not been able to prove that no reasonable trier of fact could find other than for the moving party? (MultiRegion, United States of America)
If there is an error in the finding that a defendant is not guilty beyond a reasonable doubt on the basis of reasonable doubt, is that error harmless beyond reasonable doubt? (MultiRegion, United States of America)
What is the test for a finding that a reasonable fact finder could not have made the finding? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.