Smith v MCI 2009 FC 1194 conscientious objector; consideration of expert evidence; judicial notice

The court set aside a refusal of a claim for refugee status. The applicant a lesbian had alleged she would suffer persecution as a soldier due to her sexual orientation. The Court set aside the decision holding the tribunal erred in its assessment of the expert evidence; in the manner in which it dealt with the issue of prosecution vs persecution and in the manner in which the tribunal took judicil notice.