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A-307-76
Bernard Dumouchel and André Masse (Appli- cants)
v.
Appeal Board, Public Service Commission (Respondent)
Court of Appeal, Jackett C.J., Pratte and Le Dain JJ.—Ottawa, October 6, 1976.
Judicial review—Public Service—Whether persons on eligi bility list are entitled to a hearing by Appeal Board under s. 21 of Public Service Employment Act—Whether Board's inquiry complete—Whether decision based on errors of fact—Public Service Employment Act, R.S.C. 1970, c. P-32, s. 21.
Applicants claim that eligible candidates may be heard by the Appeal Board under section 21 of the Public Service Employment Act. They further claim that the Board's inquiry was incomplete and that its decision was based on arbitrarily chosen errors of fact.
Held, the appeal is rejected. Section 21 describes precisely those persons who may be heard by the Appeal Board. The allegations concerning the Board's inquiry are unfounded. If the competition was declared void it was the fault of the organizers and not of the candidates.
APPLICATION for judicial review. COUNSEL:
Grégoire LeHoux for applicants. Yvon Brisson for respondent.
SOLICITORS:
Grégoire LeHoux, Ottawa, for applicants.
Deputy Attorney General of Canada for respondent.
The following is the English version of the reasons for judgment of the Court delivered orally by
PRATTE J.: In our opinion, the application must be dismissed.
We are all agreed that, contrary to what was ably argued by counsel for the applicants, in the case of an appeal brought under section 21 of the
Public Service Employment Act' candidates whose names have been placed on the eligibility list are not entitled to a hearing before the Appeals Board. Section 21 specifies the people who are so entitled, and only those people may benefit from it.
We are also of opinion that the other two argu ments made by counsel for the applicants, namely that the inquiry of the Board was incomplete and that its decision was based on erroneous findings of fact arrived at in an arbitrary manner, have no basis.
It is perhaps useful to observe in conclusion that we do not find it possible to interpret the Board's decision as casting blame on the applicants and other candidates who passed the competition. If this competition was declared void, it is not the fault of those who took part in it, but of those who organized it.
' R.S.C. 1970, c. P-32.
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