The appellants, who claimed Convention refugee status, were denied their claims by the Minister of Employment and Immigration and the Immigration Appeal Board without an oral hearing.
They argued that the procedures under the Immigration Act, 1976 violated their rights under section 7 of the Canadian Charter of Rights and Freedoms and section 2(e) of the Canadian Bill of Rights.
The Supreme Court of Canada held that the term 'everyone' in section 7 includes every person physically present in Canada.
The Court found that the denial of an oral hearing in the refugee determination process violated the principles of fundamental justice and could not be justified under section 1 of the Charter.
The appeals were allowed and the cases remanded for hearings on the merits.
