PUBLIC SERVICE
Practice
Judicial review of Canada Revenue Agency’s (CRA) decision revoking applicant’s “enhanced reliability status”; Public Works and Government Services Canada’s decision denying applicant reliability status—When applicant working temporarily for CRA, investigated for alleged excessive use of CRA’s electronic mail system, misrepresenting himself, CRA for “own personal gain”—Applicant resigning before CRA investigation completed—Although not statutorily bound to comply with Financial Administration Act, R.S.C., 1985, c. F‑11, Government Security Policy, CRA agreeing to be bound thereby—Revocation decision affecting “rights, privileges or interests”, giving rise to duty of procedural fairness—Because applicant not provided with opportunity to respond to allegations against him before CRA rendering decision on status, duty of procedural fairness breached—Application allowed.
Myers v. Canada (Attorney General) (T‑529‑07, 2007 FC 947, Kelen J., judgment dated 21/9/07, 20 pp.)