PUBLIC SERVICE
Jurisdiction
Judicial review of Independent Third Party Reviewer's decision ordering respondent's permanent appointment as compensation service agent—Directives on Recourse for Staffing, part of Canada Revenue Agency's Staffing Program, listing among possible corrective measures "order correction of the error in the process"—Since finding Agency's assessment process tainted by errors in evaluation of respondent's authorized use of sick and family leave, Reviewer had reason to order error corrected, but exceeded jurisdiction when ordered indeterminate appointment—"Error in the Process" limiting scope of corrective measures to orders addressing, correcting procedural defects giving rise to arbitrary treatment experienced by respondent—Reviewer not authorized to issue final orders dictating substantive result of deficient process—Application allowed in part.
Canada (Attorney General) v. Beall (T‑937‑06, 2007 FC 630, Kelen J., judgment dated 14/6/07, 14 pp.)