PUBLIC SERVICE |
Selection Process |
Competitions |
Morris v. Canada (Attorney General)
T-1013-01
2002 FCT 1197, Gibson J.
19/11/02
20 pp.
Judicial review of decision by Public Service Commission ordering "corrective measures" in relation to completed "closed competition"--"Closed competition" defined in Public Service Employment Act, s. 2(1) as competition open only to persons employed in Public Service--Applicants successfully appealed under Act, s. 21(1) against appointments, proposed appointments following closed competition for position of Investigation and Control Officer at Department of Human Resources Development Canada (HRDC), at St. John's, Newfoundland--Formal "corrective measures" order issued by Commission--HRDC took issue with "corrective measures" ordered--Events occurring after initiation of proceeding affecting relationship of parties so that no present live controversy existed in relation to decision under review--Matter should be heard although no live controversy existed between applicants, respondents arising out of decision under review--Question of whether Commission functus to substitute alternative corrective measures for those already ordered by it under Act, s. 21(3) not relevant since authority under which Commission acted in providing order under review not Act, s. 21(3)--Question answered in affirmative--Commission failing to advise applicants, HRDC of alternatives, of perceived merits, demerits of each, to provide applicants, HRDC with opportunity to make responsive representations--Breach of fairness but not warranting setting aside decision under review--Latter decision open to review by Court on application for judicial review--Commission, in arriving at decision under review, exercised authority for no improper purpose--Application dismissed--Public Service Employment Act, R.S.C., 1985, c. P-33, ss. 2 (as am. by S.C. 1992, c. 54, ss. 2, 31; 2000, c. 12, s. 272; 21 (as am. by S.C. 1992, c. 54, s. 16; 1996, c. 18, s. 15).