Canada ( Attorney General ) v. Canada ( Public Service Commission Appeal Board )
T-2920-92
Jerome A.C.J.
20/7/94
8 pp.
Application for judicial review of PSC Appeal Board's decision allowing appeal against selections for appointment by competition-Mr. Phoenix ranking sixth on eligibility list established for proposed appointments to three positions-List expired May 9, 1992-After four names deleted from list for not possessing minimum qualification requirement, Mr. Phoenix ranking second-Department conducting new competition, resulting in another eligibility list effective June 23, 1992-Mr. Phoenix not on list-Appealing on ground entitled to be appointed based on original eligibility list-Board holding Department not authorized to ignore Mr. Phoenix' name on eligibility list-Application dismissed-Once commenced selection process by instituting original competition, bound by resulting eligibility list-Otherwise prejudicial to opportunity for advancement of those who, in good faith, participated in competition and whose names appearing on list: Attorney General of Canada v. Sharpe, [1983] 1 F.C. 292 (C.A.)-Creation of eligibility list conferring right to priority to appointment over those below on list: McCarthy v. Attorney General of Canada, [1981] 1 F.C. 309 (C.A.)-While free to commence further selection process to enlarge list, merit principle on which Commission's empowering legislation based, obliging it to appoint from already existing eligibility list, unless some defect in selection process-Although original list expiring several weeks before effective date of new list, second selection process commencing within validity date of first eligibility list-List resulting from second competition, although enlarging existing list, not usurping it-Public Service Employment Act, R.S.C., 1985, c. P-33, ss. 10, 17(1), 18, 21-Public Service Employment Regulations, C.R.C., c. 1337, ss. 19, 21.