PUBLIC SERVICE |
Selection Process |
Merit Principle |
Langille v. Canada (Attorney General)
T-1177-00
2003 FCT 65, Gibson J.
23/1/03
18 pp.
Judicial review of Public Service Commission of Canada Appeal Board (Appeal Board) decision upholding selection of respondent Nino Cerullo to position of Section Head, Aeronautical Engineering, (EN-ENG-06) Department of National Defence, National Capital Region--Whether Appeal Board erred in upholding selection of respondent Nino Cerullo--Issues whether Cerullo's appointment respecting merit principle; whether Selection Board improperly modified experience requirements after close of competition--Role of Appeal Board essentially to ensure principle of selection according to merit respected in decision making--Appeal Board demonstrated appropriate and not excessive deference to conclusion of Selection Board, particularly as selection made by Appeal Board composed of technically qualified persons in relation to highly specialized and technical area of employment--In Barbeau v. Canada (Attorney General) (2002), 219 F.T.R. 210, Federal Court of Appeal confirmed Appeal Board does not possess sufficient expertise in interpreting Public Service Employment Act so as to warrant deference of Court except in particular circumstances-- Consequently, errors of law, errors of jurisdiction and requirements of merit principle raising issue of law, all subject to review on standard of correctness--Against standard of correctness, Appeal Board erred in reviewable manner in decision with regard to issues related to deletion of knowledge elements from statement of qualifications after competition closed--Deletion of knowledge criteria unfair to those who might otherwise have applied but failed to do so because they recognized they did not have all of advertised qualifications-- No strong evidence before Appeal Board suggesting no one else would have applied if competition reopened with knowledge criteria deleted from statement of qualifications-- Appeal Board erred in law in finding no reviewable error on part of Selection Board in proceeding on basis of statement of qualifications from which knowledge criteria had been deleted following close of competition--Accordingly, Appeal Board's decision set aside and matter remitted for rehearing, redetermination by differently constituted Appeal Board panel--Application allowed.