What is the burden of explanation for a federal government agency in its reasons for a finding of fact?

Canada (Federal), Canada

The following excerpt is from Osagie v. Canada (Minister of Citizenship and Immigration), 2005 FC 120 (CanLII):

In Cepeda-Gutierrez v. Canada (Minister of Citizenship and Immigration), 1998 CanLII 8667 (FC), [1998] F.C.J. No. 1425 (F.C.T.D.), Evans J. (as he then was) stated at paragraph 17, concerning evidence not specifically mentioned and analyzed: However, the more important the evidence that is not mentioned specifically and analyzed in the agency's reasons, the more willing a court may be to infer from the silence that the agency made an erroneous finding of fact "without regard to the evidence": Bains v. Canada (Minister of Employment and Immigration) (1993), 63 F.T.R. 312 (F.C.T.D.). In other words, the agency's burden of explanation increases with the relevance of the evidence in question to the disputed facts. Thus, a blanket statement that the agency has considered all the evidence will not suffice when the evidence omitted from any discussion in the reasons appears squarely to contradict the agency's finding of fact. Moreover, when the agency refers in some detail to evidence supporting its finding, but is silent on evidence pointing to the opposite conclusion, it may be easier to infer that the agency overlooked the contradictory evidence when making its finding of fact.

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