Griffin v. Canada
T-722-96
Wetston J.
20/3/97
7 pp.
Application for judicial review of decision of Selection Review Committee of National Parole Board not to grant applicant interview for appointment as part-time member of Board-Committee conducting initial screening of candidates-In 1995, applicant responded to notice in Canada Gazette for part-time Board member position in Ontario, Quebec regions-Notice outlining qualifications for "preferred candidates"-Applicant having 15 years' experience in penal justice system, degree in law-Removed from interview list-Corrections and Conditional Release Act, s. 103 giving Governor in Council full discretionary authority to appoint members upon recommendation of Minister-Decision of committee not to grant applicant interview subject to judicial review under Federal Court Act, s. 18.1-Minister of Crown not strictly required to exercise statutory power personally-Committee, acting in name of Minister, subject to same level of procedural fairness as Minister-Act granting Minister broad discretion in deciding to recommend future part-time Board members to Cabinet-No procedural protection flowing from decision of Minister in absence of abuse of discretion including acting in bad faith-Notice not creating legitimate expectation on part of applicant he would be granted interview-Error in "chart for selection process of candidates for Board member positions " not made in perverse, capricious manner without regard to material before it-Insufficient to justify setting aside decision to not grant interview-Application dismissed-Corrections and Conditional Release Act, S.C. 1992, c. 20, s. 103-Federal Court Act, R.S.C., 1985, c. F-7, s. 18.1 (as enacted by S.C. 1990, c. 8, s. 5)