Ethier v. Canada ( Commissioner of the Royal Canadian Mounted Police )
T-3388-90
McKeown J.
8/5/95
17 pp.
Motion for order quashing decision to hold open competition regarding canteen manager position, and for order setting aside competition and declaring position vacant -- Applicant made acting manager of RCMP canteen during manager's extended sick leave and subsequently appointed manager for one-year term following predecessor's resignation from Public Service -- RCMP establishing position as indeterminate -- Approval obtained to staff position pursuant to closed competition[cad 211]Decision to hold closed competition changed in favour of open competition -- Applicant replaced by former canteen manager -- Had applicant been allowed to compete internally, as originally contemplated, he would have had right of appeal in event of failure to win competition -- Act, s. 11 requiring appointments be made from within Public Service, except where not in best interest of Public Service as determined by Public Service Commission (PSC) -- Neither nature of decision nor relationship between parties requiring respondents to allow applicant to make representations on type of competition to be held -- Evidence departments abusing system by using open competitions to defeat right of appeal in case of appointment without competition from term to indeterminate position -- RCMP seeking open competition for improper purpose, withheld from PSC, of enabling previous occupant of position to be eligible to compete for it again -- In absence of such information, PSC lacking facts to make s. 11 decision "in best interest of Public Service" -- Respondents not exercising discretion reasonably and in good faith -- Unfair exercise of discretion abuse or excess of power -- Application allowed -- Public Service Employment Act, R.S.C., 1985, c. P-33, s. 11.