Digests

Laplante v. Canada (Attorney General)

T-2071-01

2003 FCT 653, Snider J.

26/5/03

15 pp.

Judicial review of interlocutory ruling of Chairperson of Appeal Board of Public Service Commission of Canada denying request of Department of Public Works and Government Services Canada to concede appeals--In January 2001, Department held competitions for positions of Supply Team Leader (Procurement) and Supply Team Leader (Project)--Prior to examinations, at least five candidates contacted Linda Fletcher, member of selection board, requested information regarding examinations--Ms. Fletcher orally provided candidates with suggestions for areas of study--Applicants unsuccessful in competition--Brought appeals to Appeal Board under Public Service Employment Act, s. 21(1) against selections for appointment made in competition--Individually-named respondents successful candidates in job competition--At outset of hearing before Chairperson, Department indicated intention to concede appeal, argued merit principle sufficiently undermined by leak of information--Chairperson satisfied provision of information did not preclude selection according to merit, denied Department's request to concede appeals on that basis --Under applicable provision, Chairperson to conduct "inquiry", more than mere adjudication between parties-- Proper exercise of jurisdiction for Chairperson to complete inquiry in order to determine whether merit principle respected, to examine basis on which concession made-- Concession by Department one of factors she took into account in determining irregularity, but irregularity had no impact on outcome of competition--Very unusual case-- Chairperson did not err by continuing examination in face of Department's concession--Function of Appeal Board on s. 21 appeal to determine whether merit principle observed in selection process--Chairperson aware of function, applied correct test in analysis of evidence--Required applicants to provide evidence merit principle not respected--Applicants had to provide evidence successful candidates placed on eligibility list not because of merit, but because had access to improperly disclosed information prior to examination-- Chairperson did not err by applying wrong test, placing onus on applicants--Issue of whether irregularity in selection procedure of no consequence pure question of fact-- Chairperson's conclusion disclosure of information prior to written examination had no impact on outcome of competition not perverse, capricious, open to her based on evidence-- None of five candidates who approached Ms. Fletcher, received study suggestions from her successful on examination--Not patently unreasonable for Chairperson to find outcome of competition not influenced by improper disclosure, consequently conclude merit principle observed in selection process--Application dismissed--Public Service Employment Act, R.S.C., 1985, c. P-33, s. 21(as am. by S.C. 1992, c. 54, s. 16; 1996, c. 18, s. 15).