Boudreau v. Canada ( Level II Adjudicator, Royal Canadian Mounted Police )
T-1101-94
Pinard J.
5/6/95
10 pp.
Judicial review of decision by Level II adjudicator dismissing grievance filed by applicant on ground error of process by RCMP's Promotion Board, namely not using points system, not one which adversely affected applicant to any real extent-Applicant argued adjudicator exceeded jurisdiction by ruling on whether error of process prejudicial-Error of fact or process not infringing merit principle not necessarily meaning decision vitiated by such error should be quashed by adjudicator-To extent consideration of nature, character and importance of error was intended to verify or assess its impact on merit principle, consideration within limits of jurisdiction conferred on adjudicator-Conclusion error not adversely affecting applicant not arbitrary, given thorough analysis of candidates' files by Board and criteria used by it-Not patently unreasonable for specialized administrative tribunal like a Level I or II adjudicator to conclude error of process unimportant and not adversely affecting applicant-Application dismissed.