Canada ( Attorney General ) v. Thompson
T-2545-95
Wetston J.
9/10/96
10 pp.
Application for judicial review of Public Service Appeal Board's interlocutory ruling-Respondents unsuccessful candidates in competitions with Revenue Canada and failing Supervisory In-Basket Exercise (SIBE)-Department filing written arguments before Appeal Board requesting protection of confidentiality of SIBE in specific manner-Board ruling confidential materials be kept in separate court file as requested by Department but declined to undertake not to produce documents in whole or in part in Appeal Board decision-Board also ruling documents to be returned shortly after expiry of 30-day appeal period and that members of public be excluded from portion of hearing dealing with SIBE-Respondents and intervenors, however, permitted to remain-Board noted SIBE to be protected as much as possible and undue access to confidential parts of test to be avoided-Specific procedures established for dealing with SIBE over course of hearing-In present case, procedure for disclosure of confidential materials for Appeal Board to determine-Court's role to determine if error in law made justifies intervention-Applicant arguing Board failed to apply law in manner balancing conflicting rights and interests of parties regarding disclosure and right to be heard-Given adversarial nature of proceedings, Board must make rulings on matters including confidentiality-Board must be given sufficient latitude to establish practice and procedure-Appeal Board not erring in deciding appellants had right to be present at own appeal-Board did consider public interest issues, including cost of developing test and need to prevent undue access to confidential parts of test-Board imposing number of procedural safeguards with objective of protecting confidentiality of SIBE while preserving respondents' and intervenors'rights to full hearing-Terms of confidentiality order case specific and dependent on issues and legal regime being considered by decision-maker-That terms imposed by Appeal Board unenforceable not rendering them incorrect in law-Application dismissed.