Canada ( Attorney General ) v. Perera
T-2386-96
Rouleau J.
17/12/98
8 pp.
Application for judicial review of Appeal Board decision allowing respondent's appeal against selection made for appointment in closed competition for EX-02 positions in CIDA-Respondent, PM-05, screened out as competition opened only to EX group in scientific and professional categories-Respondent appealed pursuant to Pubic Service Employment Act (PSEA) and Constitution Act, 1982, s. 52(1), challenging authority of Public Service Employment Regulations, s. 27 (appeal under s. 21 cannot be entertained where employee excluded in executive group and appointed to another position in that group), alleging it infringed Charter, s. 15-Board, considering it had power to do so since it could be impliedly conferred from tribunal's statutory enabling powers, took upon itself authority and determined Regulations, s. 27 could be ignored or was unconstitutional and allowed appeal-Application allowed-Careful reading of PSEA and particularly s. 21 thereof limiting Appeal Board to fact finding-Administrative tribunals have no independent source of jurisdiction pursuant to Constitution Act, 1982, s. 52(1)-Evident from careful reading of PSEA that Appeal Board has not been granted any powers to interpret law and therefore could not entertain constitutional challenge-Public Service Employment Regulations, 1993, SOR/93-286, s. 27 (as am. by SOR/95-568)-Public Service Employment Act, R.S.C., 1985, c. P-33, (as am. by S.C. 1992, c. 54, s. 16; 1996, c. 18, s. 15) s. 21-Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], s. 15-Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II], s. 52(1).