Canada ( Attorney General ) v. Asselin
T-2493-94
Dubé J.
1/6/95
7 pp.
Application for judicial review of Appeal Board decision allowing respondent's appeal against appointment pursuant to internal competition -- Applicant argued Appeal Board exceeded jurisdiction by assuming jurisdiction to determine whether language profile of position to be filled correct -- Although Act, s. 12.1 makes it possible for Commission to review qualifications, nothing in Act to indicate power transmitted by implication to appeal boards nor any evidence power in fact delegated -- S. 21.1 giving Commission power to inquire into whether qualifications in question objectively necessary for position but not to decide whether other qualifications even more appropriate -- Determination of language requirements of position transcending principle of selection according to merit by requiring regard be had to composition of work unit, regional location of office, language capacity of work unit and other requirements outside jurisdiction of Appeal Board -- Commissioner has exclusive jurisdiction, with exception of Federal Court, to determine whether there has been breach of principle of objectivity in language requirements for position; function of appeal Board to ensure appointments made under Act comply with merit principle -- By substituting own assessment of level of language skills required for duties of position for department's assessment, Appeal Board exceeded its jurisdiction -- Application allowed -- Public Service Employment Act, R.S.C., 1985, c. P-33, s. 12.1 (as enacted by S.C. 1992, c. 54, s. 11).