PUBLIC SERVICE |
Selection Process |
Merit Principle |
Chopra v. Canada (Attorney General)
T-776-04
2005 FC 252, Strayer D.J.
16/2/05
8 pp.
Judicial review of Public Service Employment Act, s. 21 Appeal Board decision dismissing unsuccessful applicants' appeal in respect of competitions--Applicants applied for managerial positions at Health Canada (HC)--Management In-Basket (MIB) 810 test administered to screen candidates--E-mail from Public Service Commission to personnel officers at HC stating MIB 810 having some adverse impact on visible minorities but impact minimal if pass mark 14/25--Applicants arguing test not in accordance with merit principle pursuant to Act, s. 10--Board concluding test resulted in selection of most meritorious candidates--To determine whether competition consistent with merit principle, necessary to decide whether test employed relevant to determining ability of candidates for job--Rational link required between requirements imposed on candidates, selection according to merit in respect of position in question--Board not erring in considering whether test employed could reasonably be considered to be fairly accurate measure of ability--Board had before it evidence re: high validity of test, evidence adverse impact of test on visible minorities not at level to challenge validity of test, evidence re: success rates of visible minorities compared to others--In light of this evidence, Board acted reasonably--Application dismissed--Public Service Employment Act, R.S.C., 1985, c. P-33, ss. 10 ( as am. by S.C. 1992, c. 54, s. 10), 21(as am. idem, s. 16; 1996, c. 18, s. 15).