Hasan v. Canada ( Attorney General )
A-340-96 / A-341-96 / A-342-96
Pratte J.A.
3/12/96
3 pp.
Appeals from Trial Division decision ((1996) 111 F.T.R. 217) allowing application for judicial review of interlocutory ruling by Public Service Commission Appeal Board-Respondents, unsuccessful candidates in Public Service employment competition, not permitted to personally examine documents pertaining to standardized tests used to assess ability qualifications-No merit in appellant's contention Public Sevice Employment Regulations, s. 24(1) merely directory-Traditional distinction between directory, mandatory provisions may be used to determine consequences of failure to perform statutory duty-Cannot be invoked to deny existence of duty-Option belonging to appellant or representative-Trial Judge right in saying under Regulations no justification for distinguishing between disclosure to be made to appellant and representative-Unrepresented appellant, representative of appellant having same rights under s. 24(1)-Appeals dismissed-Public Service Employment Regulations, 1993, SOR/93-286, s. 24.