Canada ( Attorney General ) v. Clark
T-554-94
Rouleau J.
11/6/95
4 pp.
Judicial review of Appeal Board decision allowing appeal on ground Selection Board not verifying candidates' answers to behaviour-based questions -- Respondent candidate in competition for immigration counsellor position -- Personal suitability for position assessed by Selection Board on basis of answers to three behaviour-based questions designed to measure effective interpersonal relations, initiative and sound judgment -- Appeal Board holding O'Brien et al. v. Canada (Attorney General) (1993), 153 N.R. 313 (F.C.A.) binding and thus failure to verify information violating merit principle-Although issue in O'Brien confined to erroneous finding of fact, Court of Appeal categorically stating failure to verify information given in answers to behaviour-based questions violating merit principle -- Concerns regarding accuracy or embellishment of responses to questions and means for dealing with such concerns compelling reasons to require responses be verified to ensure merit principle upheld -- Application dismissed.