Davis v MCI 2009 FC 1223 H & C fairness breached

The Court set aside an H & C decision finding a breach of fairness: "[25] The WHO document entitled “The World Health Organization Mental Health Atlas” shows global mental health resources remain inadequate. The document is a more technical than a Human Rights Report and is not commonly referred to. Moreover, the officer erred in finding that the WHO document seems to support the proposition that there is adequate level of mental health in St. Vincent. For instance, a survey in 192 countries shows a slight increase in the number of psychiatrists from 3.96 to 4.15 per 100,000 people worldwide. In comparison, the number of psychiatrists is 0.9 per 100,000 per population in St. Vincent. These data reveal that St. Vincent’s mental health resources available to citizen in St. Vincent can be below average. In the circumstances, the WHO document is a novel and a significant document and it was relied upon by the officer in his decision. Fairness dictates that the Applicant should have had the opportunity to make submissions with regard to the WHO document."