Sampson v. Canada ( Attorney General )
T-1151-98
Dubé J.
25/6/99
10 pp.
Application for judicial review of letter sent by President of Public Service Commission of Canada to counsel for applicant informing him why applicant not appointed to indeterminate position with Citizenship and Immigration Canada in London, Ontario-In July 29, 1993, applicant declared successful candidate in closed competition for indeterminate position as CR5 Immigration Counsellor Assistant at that office-Valerie Clark, candidate who finished fourth in same competition, filed appeal against appointment under Public Service Employment Act, s. 21-Applicant not appointed pending outcome of appeal proceedings-Public Service Commission Appeal Board dismissing Clark's appeal against applicant's appointment-President of Commission stating in letter "no offer of appointment was proposed" because of lack of funding-Whether Commission required under Act, s. 21(2) to make, confirm appointment of applicant-Scheme of Act, Regulations indicating Commission, Department has discretion whether or not to make appointment to Public Service-No provisions compelling Commission to appoint person to position which does not exist-Appointment must be made in accordance with merit principle-Eligibility list merely list of persons eligible to fill vacancy, not vesting person with right to be appointed to position-Where no vacancies, anticipated vacancies, there can be no appointment-No provisions in legislation discretion of Commission removed by mere filing of appeal by unsuccessful candidate, ensuing Court proceedings-Application dismissed-Public Service Employment Act, R.S.C., 1985, c. P-33, s. 21 (as am. by S.C. 1992, c. 54, s. 16; 1996, c. 18, s. 15)-Public Service Employment Regulations, 1993, SOR/93-286.