Navarette v MCI 2006 FC 691 No error in not giving weight to poison pen letter

The court set aside a decision allowing an appeal. However, on the issue of the poison pen letter the court found no error in not giving it any weight: 26 The Minister submits that the information contained in the "poison pen letters" ought to have been given weight as the preponderance of the information was verifiable through other evidence on the record before the Board. 27 However, even though the Board is not bound by statutory evidence rules, it is reasonable for the Board to refuse to give weight to information provided in anonymous letters. The source and the motives as well as the information provided by this type of letter cannot always be verified. Therefore, the information is not necessarily trustworthy. This Court cannot find any errors in this practice of the Board and does not find that it was patently unreasonable of the Board to refuse to consider this letter in the circumstances.