In the recent decision of  Ardestani v. Canada (Citizenship and Immigration) 2023 FC 874, part of a tetrology of cases where Federal Court justices were critical over attacks on IRCC’s Chinook system, Justice Aylen did not mince words.
II. Preliminary Issue
 At the commencement of the hearing, counsel for the Applicant advised that he was relying on his written representations but requested that counsel for the Respondent answer five questions related to this matter. As I advised counsel for the Applicant, a hearing of an application for judicial review is not an examination for discovery. Counsel for the Respondent was under no obligation to answer his questions. Moreover, it was not open to the Applicant to raise new issues at the hearing of the application.
 I also raised with counsel for the Applicant the fact that two decision of this Court have recently been issued – Raja v Canada (Minister of Citizenship and Immigration), 2023 FC 719 and Haghshenas v Canada (Minister of Citizenship and Immigration), 2023 FC 464 – in which counsel for the Applicant made a number of the same arguments as raised in this application and which were all dismissed by this Court, twice. I asked counsel for the Applicant if he was continuing to pursue these issues notwithstanding the earlier findings of this Court and he indicated that he was.
 I find that counsel for the Applicant’s attempt to re-litigate such issues and to transform the hearing of this application into an examination for discovery constitutes an abuse of this Court’s processes. (emphasis added)
In the decision, Justie Aylen comments about the arguments made by applicant against Chinook:
 The Applicant asserts that his work permit application was processed using Chinook, which in and of itself is a breach of procedural fairness. Moreover, he asserts that the use of Chinook was improper given the importance of the decision at issue and the degree of complexity of the decision at issue (which involved business immigration). There is also no merit to these assertions. I am not satisfied that the use of Chinook, on its own, constitutes a breach of procedural fairness or that the nature of the application itself has any bearing on the use of Chinook. The evidence before the Court is that the decision was made by an Officer, with the assistance of Chinook. Whether or not there has been a breach of procedural fairness will turn on the particular facts of the case, with reference to the procedure that was followed and the reasons for decision [see Haghshenas, supra].
 The Applicant further asserts that the use of Chinook is“concerning”, suggesting essentially that any decision rendered in which Chinook was used cannot be reasonable. I see no merit to this suggestion. The burden rests on the Applicant to demonstrate that the decision itself lacks transparency, intelligibility and/or justification, and baseless musings about how Chinook was developed and operates does not, on its own, meet that threshold. (emphasis added)
While Justice Aylen discusses two other cases Raja and Hagshenas, there was also a third that was released just before Ardestani, in Zargar. All of these cases involve essentially an identical fact pattern of Iranian C11 applicants being refused work permits.
For the interests of summarizing the discuss of Chinook on each, and notwithstanding that I have only seen the full file record in Hagshenas (and have also written a past post, see: here), I will extract block quotes of what judges have said in each of the remaining three decisions about Chinook.
 Zargar v. Canada (Citizenship and Immigration), 2023 FC 905 (CanLII), <https://canlii.ca/t/jxxpc> – Justice McDonald, Dismissed
 Firstly, the allegations regarding: (a) the use of Chinook, (b) reasons only being provided after the judicial review Application was filed, and (c) the length of the processing time were fully canvassed in both Haghshenas v Canada (Citizenship and Immigration), 2023 FC 464 [Haghshenas] and Raja v Canada (Citizenship and Immigration), 2023 FC 719 [Raja]. In the absence of any specific evidence to support these allegations in this case, I adopt the analysis from those cases (Haghshenas paras 22-25, 28; Raja at paras 28-38) and can likewise conclude that the Applicant has not established any breach of procedural fairness on these grounds. (emphasis added)
Note that there was an apparent lack of evidence filed in Zargar.
 Raja v. Canada (Citizenship and Immigration), 2023 FC 719 (CanLII), <https://canlii.ca/t/jxfdq> – Justice Ahmed, Dismissed
 The Applicant submits that the Officer assessed his work permit application on the basis of irrelevant and extraneous criteria, but does not specify which criteria. The Applicant also submits that the IRCC’s reliance on Chinook, an efficiency-enhancing tool used to organize information related to applicants for temporary residence, undermines the reasonableness of the Officer’s decision.
B. Procedural Fairness
(1) Use of Chinook Processing Tool
 The Applicant submits that the Officer’s use of the Chinook processing tool to assist in the assessment of the application is procedurally unfair. The Applicant contends that the tool, which he claims is able to extract information from the GCMS for many applications at a time and generate notes about these applications in“a fraction of the time”it would take to review an application otherwise, results in a lack of adequate assessment of the Applicant’s work permit application.
 The Respondent submits that IRCC’s use of the Chinook tool to improve efficiency in addressing a voluminous number of temporary residence applications does not amount to a specific failure of procedural fairness in the Applicant’s case. The Respondent notes that the Applicant has failed to point to any evidence to support that the Officer’s use of the Chinook tool resulted in the omission of a key consideration in the assessment of his application or deprived him of the right to have his case heard. The Respondent contends that the Applicant’s submissions appear to be little more than an objection to IRCC’s use of this tool.
 I agree with the Respondent. While it was open to the Applicant to raise the ways that the Chinook processing tool specifically resulted in a breach of procedural fairness in the Officer’s assessment of his case, he has not provided any evidence of such a connection. I would also note that the Chinook tool is not intended to process, assess evidence, or make decisions on applications, and the Applicant has failed to raise any evidence countering this or demonstrating that the tool impacts the fairness of the decision-making process. (emphasis added)
Note – again there appears to be a lack of evidence filed. However I do take issues with the “Chinook tool is not intended to process, assess evidence’ portion. I think there is not enough on the record or in what IRCC has publicly shared to make that statement. It is a processing tool at the end of the day, so a processing tool does process and based on what we know about the modules work (especially Module 5’s risk indicators and local word flags) that it definitely assesses and ‘flags’ the evidence at the very least.
Haghshenas v. Canada (Citizenship and Immigration), 2023 FC 464 (CanLII), <https://canlii.ca/t/jwhkd> – Justice Brown, Dismissed
 As to artificial intelligence, the Applicant submits the Decision is based on artificial intelligence generated by Microsoft in the form of“Chinook”software. However, the evidence is that the Decision was made by a Visa Officer and not by software. I agree the Decision had input assembled by artificial intelligence, but it seems to me the Court on judicial review is to look at the record and the Decision and determine its reasonableness in accordance with Vavilov. Whether a decision is reasonable or unreasonable will determine if it is upheld or set aside, whether or not artificial intelligence was used. To hold otherwise would elevate process over substance. (emphasis added)
 Regarding the use of the“Chinook”software, the Applicant suggests that there are questions about its reliability and efficacy. In this way, the Applicant suggests that a decision rendered using Chinook cannot be termed reasonable until it is elaborated to all stakeholders how machine learning has replaced human input and how it affects application outcomes. I have already dealt with this argument under procedural fairness, and found the use of artificial intelligence is irrelevant given that (a) an Officer made the Decision in question, and that (b) judicial review deals with the procedural fairness and or reasonableness of the Decision as required by Vavilov. (emphasis added)
What arises from the above is precious court resources were spent on four identical cases from the same counsel, making identical arguments, rendering nearly identical judgments all on summating ‘we do not have enough in front of us.’
One wonders if the Department of Justice should have just heeded Justice Little’s comments in Ocran v. Canada (Citizenship and Immigration), 2022 FC 175 (CanLII), <https://canlii.ca/t/jmk0l> to ask for a reference but as these tools are constantly evolving, I do understand the trepidation and costs:
V. Matters Raised by the Respondent
 The respondent raised additional matters for resolution by this Court about the preparation of GCMS notes generally by visa officers using spreadsheets made with a software-based tool known as the“Chinook Tool”. The respondent sought to resolve an issue about whether contents of Certified Tribunal Record (“CTRs”) were deficient because the spreadsheets are not retained and therefore do not appear in the CTRs prepared for matters such as this application. The respondent also purported to file an affidavit in an effort to provide a factual foundation; the applicant objected to its admissibility and relevance to the proceeding.