PUBLIC SERVICE |
Selection Process |
Competitions |
Hains v. Canada (Attorney General)
T-1835-99
2001 FCT 861, Heneghan J.
7/8/01
17 pp.
Application for judicial review of PSC Appeal Board's decision allowing Public Service Employment Act, s. 21 appeal--Internal competition to establish list of eligible employees to staff AU-04 positions in B.C. offices of Canada Customs and Revenue Agency--Appeal undertaken by number of unsuccessful candidates allowed by Appeal Board on ground Selection Board had committed numerous errors--Successful candidates applying for judicial review of that decision--Whether Appeal Board erred in marking of question 9; whether Appeal Board erred with respect to finding on Selection Board's inability to replicate marks awarded to candidates in conjunction with use of marking guide; whether Appeal Board erred by applying wrong standard of review when reviewing marks and marking method used by Selection Board--Application dismissed--Standard of review reasonableness--As to question 9, Appeal Board applied correct standard (reasonableness)--Justified in doing so, and came to correct conclusion--Appeal Board provided detailed reasons to express its view that Selection Board erred in its use of grid--Also found that grid had to be set aside because members of Selection Board who testified were unable to explain how grid was used--Findings sufficient bases for Appeal Board to find that use of marking grid unreasonable--Public Service Employment Act, R.S.C., 1985, c. P-33, s. 21.