What is the current state of the law in the context of human rights cases?
Canada (Federal), Canada
The following excerpt is from Noga v. Canada (Minister of Citizenship and Immigration), 2003 FCT 454 (CanLII):
This approach is consistent with Major J.'s comments in Chan v. Canada (Minister of Employment and Immigration), 1995 CanLII 71 (SCC), [1995] 3 S.C.R. 593, who states at paragraph 137 that "[w]here [the] evidence is not available in the documentary form, the claimant may still be able to establish that the fear was objectively well founded by providing testimony with respect to similarly situated individuals".
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