[2012] 1 F.C.R. D-12
Public Service
Selection Process
Competitions
Judicial review of Public Service Commission’s decision finding applicant committed fraud in appointment process within public service by submitting false references—Applicant giving name of previous supervisor as reference—E-mails exchanged between applicant, supervisor intercepted, sent to Commission—In light of e-mails, Commission conducting investigation under Public Service Employment Act, S.C. 2003, c. 22, s. 69—Investigation revealing namely that applicant, supervisor never working together, references written not by supervisor but by applicant or applicant’s mother—Main issue whether Commission erring by launching investigation under Act, s. 69 when applicant not successful candidate or appointed at end of selection process—Clear in preamble of Act, Act in entirety that Parliament conferring on Commission responsibility to protect integrity, impartiality of appointment processes, support merit principle—Evident in s. 69 that Commission’s mandate relating to any fraud possibly committed in course of appointment process, not only when person suspected of fraud successful candidate—Authority conferred on Commission very broad, giving flexibility to adapt corrective action to circumstances specific to each file—Application dismissed.
Seck v. Canada (Attorney General) (T-1263-10, 2011 FC 1355, Bédard J., judgment dated November 24, 2011, 15 pp.)