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ARMED FORCES

Rockman v. Canada (Attorney General)

T-694-97

Pelletier J.

15/2/00

20 pp.

Application for judicial review of decision by Career Review Board to change applicant's release status--Applicant member of Canadian Armed Forces--Applied for release from Forces under Force Reduction Plan 1996 (FRP96)--Career Review Board changing release status to "5(f)--Unsuitable for further service--Suitability C" as applicant violated Canadian Forces Drug Policy in offering drugs to undercover police constable--Applicant losing FRP status, associated financial benefits--Claiming not given opportunity to meet case against him--Applicant using illicit drugs, encouraging others to use them as well--Found with quantity of marijuana on person--No evidence tape recording of conversation between him, undercover officer existed--Unedited police report disclosed to applicant herein although copy not given to him prior to being invited to make submissions--Applicant knew gist of case against him--Finding by Career Review Board applicant had engaged in drug trafficking pre-condition to being released from Forces--Resolution of credibility issue significant step in Board's ultimate disposition of applicant's rights--No reason for Court to order new hearing if applicant failing to show reason to question evidentiary value of document--No substantive injustice occurred notwithstanding procedural defect--Court declining to send matter back for new hearing--Cases relied on by applicant not conferring right to make submissions directly to Release Authority once Career Review Board recommendations known--Application dismissed.

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