Officer's notes
Statutory definition
Officer notes are maintained in GCMS as the administrative record of the file. They are accessible through ATIP requests under the Privacy Act. In judicial review proceedings, the certified tribunal record (including officer notes) is produced to the Federal Court. Courts have found that unexplained gaps in officer notes, or notes that do not reflect consideration of key evidence, can be grounds for quashing a decision.
Explanation
Officer notes are the most important document in assessing whether to pursue judicial review. They reveal whether the officer considered the key evidence, whether they made unreasonable factual findings, and whether they complied with procedural fairness obligations. Practitioners should obtain GCMS notes (via ATIP) immediately after a refusal to assess the merits of judicial review before the limitation period expires. Notes obtained in one judicial review proceeding can be used in planning a reapplication.