PUBLIC SERVICE
Appeals
Appeal from Federal Court’s dismissal (2006 FC 1193) of application for judicial review of Public Service Commission’s dismissal of appeals against selection for appointment—Case law establishing burden of proof on appellant under Public Service Employment Act, R.S.C., 1985, c. P-33, s. 21—Although Canada (Attorney General) v. Jeethan, 2006 FC 135 and Go v. Canada (Attorney General), 2004 FC 471 referring to onus on selection board to establish selection made in accordance with merit principle, when read in light of other Federal Court of Appeal decisions, pragmatic considerations, those cases merely acknowledging fact selection board as tactical matter having onus to disprove appellant’s case—Not in public interest to divert extensive resources to disprove allegations which cannot be substantiated—To aid appellant in satisfying burden of proof, Public Service Employment Regulations, 2000, SOR/2000-80, s. 26 giving appellant extensive rights to disclosure of relevant information—No error in Appeal Board’s conclusion appellant not demonstrating merit principle not respected.
McGregor v. Canada (Attorney General) (A-439-06, 2007 FCA 197, Sexton J.A., judgment dated 18/5/07, 21 pp.)