Kiss v. Canada ( Minister of Transportation )
T-972-98
Gibson J.
29/7/99
19 pp.
Application for judicial review of decision applicant unfit for Category 3 medical certificate (by reason of residual effects of stroke) and no longer permitted to exercise privileges of private pilot licence-Recommendation of Civil Aviation Medical Examiner that applicant medically unfit-Conclusion referred to Aviation Medical Review Board which recommended applicant unfit "long-term"-Civil Aviation Tribunal reviewed Minister's decision and recommended case be referred back to Minister for reconsideration-Minister submitted medical data provided to him by applicant to Defence and Civil Institute of Environmental Medicine for evaluation and recommendation by Institute's Central Medical Board-Institute agency independent of Minister, used by Minister for independent advice in situation such as that before Court-Central Medical Board recommended applicant be considered permanently unfit for pilot licensing-Material before Central Medical Board did not include copy of reasons for determination of Tribunal or transcript of hearing before Tribunal-Applicant invited to comment-Board's recommendation before Minister's final decision-Issue whether applicant denied natural justice or procedural fairness in process adopted by Minister in determining, following Tribunal's decision, to uphold earlier decision to deny renewal of medical certificate-Secondary issue whether reasonable apprehension of bias on part of Minister-Application dismissed-Fact decision herein administrative in nature and affecting privileges and interests of applicant sufficient to trigger application of duty of fairness: Baker v. Canada (Minister of Citizenship and Immigration) (1999), 174 D.L.R. (4th) 193 (S.C.C.)-Decision discretionary-Standard "reasonableness simpliciter"-Decision herein made in context of statutory scheme, without privative clause and at heart of which protection of public safety-No breach of duty of fairness herein-Applicant afforded appropriate level of procedural fairness in process leading to decision under review-No breach of procedural fairness in failure to notify applicant Minister was seeking advice of Central Medical Board and to provide applicant with opportunity to make submissions to Board-Decision remained with Minister on basis of advice received-Advice provided to applicant and applicant given reasonable opportunity to respond to it-No basis for reasonable apprehension of bias on part of Minister-By statute, Minister decision-maker and, on referral back, he, and no one else, empowered and required by statute to act-Minister did take prudent step of seeking further review by appropriately qualified body with no previous knowledge or involvement in processes surrounding consideration of renewal of applicant's medical certificate.