| Citation: |
Keen v. Canada (Attorney General), 2009 FC 353, [2009] 3 F.C.R. D-16 |
T-246-08 |
Public Service
Termination of Employment
Application challenging Order in Council terminating applicant’s designation as president of the Canadian Nuclear Safety Commission (Commission)—Applicant resigning as permanent member of Commission—Respondent arguing mootness— Court accepting to review case: possibility of future claim, issue having broader application upon others appointed to government positions—Nuclear Safety and Control Act (Act), S.C. 1997, c. 9 silent as to whether designation as president “during good behaviour” or “at pleasure”—Interpretation Act, R.S.C., 1985, c. I-21, s. 23 providing public officer deemed to hold office during pleasure unless otherwise expressed in enactment or commission—In construction of statute such as Act where membership in Commission during good behaviour but designation as president silent, designation at pleasure (Houle v. Canada, [1987] 2 F.C. 493 (T.D.))—Commission as granted by Her Majesty clearly stating applicant’s appointment as member for five years during good behaviour, designation as president during pleasure—Applicant afforded procedural fairness contemplated in Dunsmuir v. New Brunswick, [2008] 1 S.C.R. 190 (notice of intention, opportunity to make submissions) before action taken to dismiss her—Application dismissed.
Keen v. Canada (Attorney General) (T-246-08, 2009 FC 353, Hugues J., judgment dated April 7, 2009, 41 pp.)