GHANI OSMAN Applicant v. ATTORNEY GENERAL OF CANADA, 2021 FC 546

Date: 20210604 Docket: T-1565-20 Citation: 2021 FC 546 Ottawa, Ontario, June 4, 2021 PRESENT: The Honourable Mr. Justice Zinn BETWEEN:GHANI OSMANApplicantandATTORNEY GENERAL OF CANADARespondent JUDGMENT AND REASONS [1] Mr. Osman asks the Court to review and set aside the final level response to his defamation grievance. [2] At the hearing of this application, I noted that I was unable to find Mr.

Osman’s email dated November 27, 2020, headed "“FinalSubmissions to the Defamation Grievance”" in the certified tribal record or the nine PDF attachments it indicates were attached to it. [3] Counsel for the Respondent conceded that the email was not included in the certified tribunal record, but suggested that all or manyof the nine attachments could be found elsewhere in the record. He further submitted that the email itself added nothing to the matterbefore the decision-maker.

When the Court suggested that this was a matter of natural justice and procedural fairness, he submitted thatgrievances are entitled to such protections at the low end of the scale discussed in Baker v Canada (Minister of Citizenship andImmigration), (SCC), [1999] 2 SCR 817. [4] Even accepting that Mr. Osman, as the grievor, was entitled to procedural fairness at the low end of the range, I cannot agree that thefairness that he was entitled to excludes the decision-maker being apprised of and considering his final submissions on the matter.

Theobservation of Justice Boswell in Togtokh v Canada (Minister of Citizenship and Immigration), 2018 FC 581, at paragraph 21, areapplicable: "“[I]n this case, it is not clear whether the missing … Submissions would have had a determinative effect upon the decisionunder review, and it is not for this Court to determine whether they would have altered the outcome …”". [5] Moreover, it is not the job of this Court to piece together the documents attached to that submission to see if they are or are notincluded in the certified tribunal record. [6] The parties were informed that this application would be allowed, with costs.

Mr. Osman represented himself, but informed the Courtthat he had sought legal advice and had incurred expenses in this proceeding. He requested that cost be fixed at $1,000.00, which theCourt finds to be a reasonable and acceptable sum. JUDGMENT IN T-1565-20 THIS COURT’S JUDGMENT is that the application is allowed, the decision under review is set aside, the matter is to be referred to adifferent decision-maker, if possible, and Mr. Osman is entitled to his costs, fixed at $1,000.00 "Russel W.

Zinn" Judge FEDERAL COURT SOLICITORS OF RECORD DOCKET: T-1565-20 STYLE OF CAUSE: GHANI OSMAN v ATTORNEY GENERAL OF CANADA PLACE OF HEARING: held by videoconference DATE OF HEARING: JUNE 2, 2021

JUDGMENT AND REASONS: ZINN J. DATED: JUNE 4, 2021 APPEARANCES : Ghani Osman Applicant ON HIS OWN BEHALF Adam C. Feldman FOR THE RESPONDENT SOLICITORS OF RECORD : - Nil - SELF-REPRESENTED Applicant Attorney General of Canada Department of Justice Canada Ottawa, Ontario FOR THE RESPONDENT