Bouchard v. Canada ( Minister of National Defence )
T-1522-98
Richard A.C.J.
21/10/98
10 pp.
Appeal from Prothonotary decision allowing in part motion to strike out applicant's notice of application-Prothonotary holding decision applicant challenging, in letter sent to applicant by National Defence JAG's assistant on July 10, 1998, "decision" within meaning of Federal Court Act, s. 18.1(2)-Applicant appointed to indeterminate position in Department of National Defence-On November 27, 1997, applicant informing employer volunteering to take advantage of early retirement program offered by federal government-Having opted for Early Departure Incentive, applicant struck off public service employee list on April 1, 1998-Jurisdiction of Court ratione materiae depends on whether "decision" within meaning of Federal Court Act, s. 18.1-Prothonotary erred in law in holding JAG assistant's decision of July 10, 1998, subject to judicial review on ground that, by informing applicant, JAG assistant acted indirectly or by de facto delegation for Public Service Commission pursuant to Public Service Employment Act, s. 8-By responding to applicant, JAG assistant in no way acted as federal board, commission or other tribunal, and therefore made no decision with respect to applicant that would have granted or denied right to applicant-Latter decision had no legal consequences-Resignation of employee unilateral legal act springing exclusively from employee-If applicant claims unilateral act invalid for lack of consent, applicant has not chosen proper procedural avenue, since Court has no power, on application for judicial review, to declare unilateral act of applicant invalid and of no effect-Decision set out in JAG assistant's letter not "decision" within meaning of Federal Court Act, s. 18.1-Appeal allowed-Federal Court Act, R.S.C., 1985, c. F-7, s. 18.1 (as enacted by S.C. 1990, c. 8, s. 5)-Public Service Employment Act, R.S.C., 1985, c. P-33, s. 8.