Canada ( Attorney General ) v. Asselin
A-539-95
Décary J.A.
13/10/99
5 pp.
Appeal from Trial Division decision ((1995), 100 F.T.R. 309) holding president of appeal board constituted by Public Service Commission under Public Service Employment Act, s. 21 does not have jurisdiction to inquire into validity of linguistic profile of position to be filled-Before Public Service Employment Act amended in 1992, cases clear: appeal board could not challenge conditions established by department for obtaining position-New Act, s. 12.1 does not have meaning appellant gives section-Section simply continuation of s. 12(1), and like s. 12(1), addresses only "the basis for selection according to merit"-Section allows Commission to review exercise by department of powers former delegated to latter and thus to review what department does in particular case-S. 12.1 in no way altered powers of appeal board-Such board has no more jurisdiction now than before to review linguistic level of position-Appeal dismissed-Public Service Employment Act, R.S.C., 1985, c. P-33, ss. 12.1 (as enacted by S.C. 1992, c. 54, s. 11), 21 (as am. by S.C. 1992, c. 54, s. 16; 1996, c. 18, s. 15).