PUBLIC SERVICE |
Selection Process |
Merit Principle |
Ali v. Canada (Attorney General)
T-1027-03
2004 FC 592, Shore J.
22/4/04
18 pp.
Judicial review of decision of Public Service Commission Appeal Board dismissing applicant's appeal respecting proposed appointments to Committee Advisor position-- Applicant alleging that level of French-language proficiency of Selection Board Chairperson was insufficient to assess his candidacy--Did Appeal Board err in finding that merit principle respected when Board composition was changed for applicant's interview?--He alleged that having a member on Board who could not communicate with him in French violated merit principle because not assessed in same way as other candidates--Settled law that all members of Selection Board must possess sufficient language proficiency to allow effective communication with candidate in official language in which wishes to be assessed--Appeal Board erred in finding that Selection Board respected merit principle even though composition of panel was changed for applicant's interview--This Court has established that in order for merit principle to be respected, Selection Board must assess and rank all candidates in same manner--Selection Board may not be changed to interview different candidates without violating merit principle--No evidence that Selection Board member who was replaced communicated with her replacement to satisfy herself that their criteria for assessing candidates were similar--Consequently, Selection Board violated merit principle because applicant not assessed in same manner as other three candidates--Application allowed--Public Service Employment Act, R.S.C., 1985, c. P-33.