PUBLIC SERVICE |
Selection Process |
Merit Principle |
Canada (Attorney General) v. Bormais
T-718-03
2004 FC 217, Gibson J.
30/1/04
12 pp.
Judicial review of Public Service Commission Appeal Board's (Board) decision allowing appeals brought by unsuccessful candidates against proposed appointments to positions with Human Resources Development Canada at Ottawa--Two members of Selection Board providing references for five candidates--References central element of selection process and in structured form responsive to "reference check guide" developed by members of Selection Board with formalized related marking scheme, also developed by members of Selection Board--Supervisors disqualified from providing references--Those members providing references not participating in marking thereof -Board stating: "the two selection board members placed themselves in a conflict of interest; the same one they took steps to avoid by insisting that candidates who were supervisors not provide a references [sic] for other candidates" --Error in law--Selection Board members not putting themselves in "conflict of interest" situation--Rather actions sufficient to raise reasonable apprehension unfair advantage or disadvantage in competition may have been conferred on or against participants for whom Selection Board members provided references--Board's characterization of situation as "conflict of interest" completely inapt reference--Not open to Court to rewrite Board's decision--Therefore, Board committed error in expressing itself as it did--Judicial review allowed.