Digests

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PUBLIC SERVICE

                                                                                                Practice

Judicial review of Deputy Minister’s decision to conduct deployment exercise—Although former Public Service Employment Act, R.S.C., 1985, c. P-33 governing, mandatory requirement to observe Treasury Board’s directives (s. 34.2) continued in new Act (enacted by S.C. 2003, c. 22, ss. 12, 13)—Treasury Board Deployment Policy (TBDP) requiring departments to establish own deployment policies, consult with bargaining agents on establishment thereof—Department herein adopting TBDP, but never consulting regarding adoption or whether establishment of policy specific to it necessary, advisable—Failure to consult vitiating Deputy Minister’s decision—Application allowed.

Professional Association of Foreign Service Officers v. Canada (Attorney General) (T‑2202‑05, 2006 FC 1117, Tremblay‑Lamer J., judgment dated 18/9/05, 16 pp.)

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