Zhang v Canada (Public Safety and Emergency Preparedness), 2021 FC 746

This blog post analyzes a recent Federal Court decision that underscores the significance of procedural fairness and the role of judicial review in the Canadian legal system. The case, which involves allegations of organized criminality and money laundering, sheds light on the principles governing administrative decision-making and safeguarding individuals’ rights.

Overview of the Case

In this case, the Applicant, Mr. Guanqun Zhang, was alleged to be inadmissible to Canada for organized criminality under subsection 37(1)(b) of the Immigration and Refugee Protection Act (“IRPA”). The basis for this allegation is an inadmissibility report prepared by a Canada Border Services Agency (“CBSA”) officer. The report claims that Mr. Zhang engaged in money laundering, a transnational crime.

The Minister’s delegate found the inadmissibility report to be well-founded and referred the case to the Immigration Division (“ID”) of the Immigration and Refugee Board (“IRB”) for an admissibility hearing. The Applicant sought judicial review of the delegate’s decision, arguing that it was unreasonable and lacked procedural fairness.

Procedural Fairness and Judicial Review

Procedural fairness is a fundamental principle of administrative law that ensures individuals subject to administrative decisions are provided with a fair opportunity to present their case and have their views and evidence considered. Procedural fairness is based on a correctness standard of review and requires decision-makers to follow a fair process, consider relevant factors, and provide reasons for their decisions.

On the other hand, judicial review is a legal process through which a court reviews the legality and reasonableness of administrative decisions. It ensures that decision-makers act within their authority, adhere to procedural fairness, provide transparent and justifiable reasons for their decisions, and render reasonable decisions in light of the facts and evidence before them.

Issues and Analysis

The Federal Court examined two main issues in this case:

1.      Reasonableness of the Delegate’s Decision: The Court evaluated whether the delegate’s decision to refer the case to the ID was reasonable. The Court identified several flaws in the decision-making process, including that the inadmissibility report pre-dated the evidence it relied upon. This discrepancy raised concerns about the CBSA officer’s consideration of relevant evidence, rendering the delegate’s decision unreasonable.

2.      Breach of Duty of Fairness: The Court also considered whether the delegate breached their duty of fairness by not including the Applicant’s “no conviction certificates” in the Certified Tribunal Record (“CTR”). The Court determined that the failure to consider these certificates, which demonstrated that the Applicant’s parents did not have a criminal conviction in China, amounted to a denial of the right to be heard. The delegate’s omission breached the duty of fairness owed to the Applicant.

Implications and Significance

This case highlights the importance of procedural fairness in administrative decision-making. It underscores the need for decision-makers to consider all relevant evidence carefully and to provide individuals with a fair opportunity to present their case. The Court’s decision emphasizes that administrative decisions, even at the screening stage, must be rational, transparent, and based on a complete and accurate assessment of the evidence.

Furthermore, the case underscores the role of judicial review as a safeguard against unreasonable administrative decisions and breaches of procedural fairness. Judicial review ensures that decision-makers are held accountable for their actions and that individuals’ rights are upheld in the face of potentially arbitrary or unfair decisions.


The recent Federal Court decision involving Mr. Guanqun Zhang serves as a reminder of the principles of procedural fairness and the importance of judicial review in preserving the integrity of administrative decision-making. It underscores the need for decision-makers to act transparently, consider all relevant evidence, and provide individuals with a meaningful opportunity to be heard. This case reaffirms the commitment of the Canadian legal system to uphold the rights and interests of individuals in the face of administrative decisions that affect their lives.

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Categories: Immigration


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