Canadian Arab Federation (CAF) v. Minister of Citizenship and Immigration

(FC)

Canadian Charter of Rights and Freedoms, s. 2(b) – Administrative law – Contracts with the Crown

For a number of years, the Canadian Arab Federation provided language instruction to newcomers to Canada through the federal government’s Language Instruction for Newcomers to Canada (“LINC”) program. The contribution agreement that governed the relationship between the Federation and the Department of Citizenship and Immigration Canada (“CIC”) from 2007 to 2009 expired on March 31, 2009. While the Federation and CIC entered into negotiations for the subsequent funding cycle, the then minister of citizenship and immigration, Jason Kenney, decided that CIC would not enter into a further contribution agreement with the Federation. In a letter advising the Federation of this decision, he explained that the Federation had made public statements promoting hatred, anti-Semitism and support for the terrorist organizations Hamas and Hezbollah. The Federal Court dismissed the application for judicial review and the Federal Court of Appeal dismissed the appeal.