Tucci v. Canada ( Attorney General )
T-623-96
Gibson J.
11/2/97
8 pp.
Application for judicial review of Investigator's decision recommending public servant's deployment to position of Tax AU-02 be upheld-Investigator designated under PSEA, s. 34.4(2)-Employees having two-stage recourse process to deal with complaints related to deployment-Applicant, along with 21 others, complained to deputy head in accordance with Act, s. 34.3(1)-Judicial review of Investigator's report arising out of second level recourse proceedings-By virtue of designation under s. 34.4(2), Investigator could have, either himself or through Commission, compelled production of information being sought on behalf of applicant-Investigator not making ruling on probative value, admissibility of information concerning outstanding deployment requests-Failure to do so reviewable error by denying natural justice to applicant-Abuse of authority in exercise of discretion possible without improper intention-Two forms of such abuse: acting on inadequate material or without considering relevant matters, and acting in discriminatory manner-These forms "abuse of authority" in exercise of discretion-Investigator not finding material to be irrelevant, inadmissible in relation to applicant's complaint-Recommendation made by him wrong in concluding deployment in question not constituting abuse of authority and failing to demonstrate he directed mind to all of alleged abuses of authority in issue before him-Application allowed-Public Service Employment Act, R.S.C., 1985, c. P-33, ss. 34.3 (as enacted by S.C. 1992, c. 54, s. 22), 34.4 (as enacted, idem).