Judgments

Decision Information

Decision Content

A-158-80
Adrien Dubé (Applicant) v.
Public Service Commission of Canada Appeal Board (Respondent)
Court of Appeal, Pratte J., Hyde and Lalande D. JJ.—Quebec City, December 15 and 16, 1980.
Judicial review — Public Service — Application to set aside Public Service Appeal Board decision dismissing appeal brought pursuant to s. 21 of Public Service Employment Act from proposed appointment of another candidate — Whether Board erred in law by not cancelling result of competition on the ground that personality test had not first been approved by Commission — Whether Board erred in law by not requiring members of selection board to furnish notes taken during oral tests — Public Service Employment Act, R.S.C. 1970, c. P-32, s. 21 — Public Service Employment Regulations, C.R.C. 1978, Vol. XIV, c. 1337, subs. 14(1) — Federal Court Act, R.S.C. 1970 (2nd Supp.), c. 10, s. 28.
APPLICATION for judicial review. COUNSEL:
Guy Dussault for applicant. James M. Mabbutt for respondent.
SOLICITORS:
Flynn, Rivard, Cimon, Lessard & LeMay, Quebec City, for applicant.
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.: Applicant is asking this Court, pur suant to section 28 of the Federal Court Act, R.S.C. 1970 (2nd Supp.), c. 10, to vacate a deci sion by an Appeal Board established by the Public Service Commission. By that decision, the Board dismissed the appeal made by applicant, pursuant to section 21 of the Public Service Employment Act, R.S.C. 1970, c. P-32, from the proposed appointment, as the result of a closed competition,
of a Mr. Lavoie to a position of regional captain in the Canadian Coast Guard.
In support of his appeal, applicant made several arguments. As was observed at the hearing, only two of these require further consideration.
First, applicant maintained that the Appeal Board had committed an error of law by not cancelling the result of the competition on the ground that subsection 14(1) of the Public Service Employment Regulations, C.R.C. 1978, Vol. XIV, c. 1337, had not been complied with, since the personality test which applicant was required to take had not first been approved by the Commission.
Subsection 14(1) of the Regulations reads as follows:
14. (I) No responsible staffing officer shall use as the basis of determining the merit of candidates any written examination or other test that is commonly referred to as a test of personal ity, interest, intelligence or aptitude or any test of a like nature unless, in each case, the Commission gives its prior approval therefor.
This argument has to be rejected because, in our opinion, applicant was not required, as part of the competition in which he participated, to take a test of the type described in subsection 14(1). It appeared that in this case the members of the selection board were simply requested to assess the personality of candidates in light of the observa tions which they might make in interviews held with each of them, primarily to determine their knowledge. This test is not of the same type as a "test" of interest, intelligence or aptitude, and therefore subsection 14(1) does not apply.
Secondly, applicant argued that the Appeal Board had erred in law by not making as thorough an investigation as the Act requires. More specifi cally, applicant alleged that the Appeal Board had not required members of the selection board to furnish the notes taken by them during the oral tests given to the various candidates, and had simply relied on a summary of these notes pre pared the day before the hearing especially for submission to the Appeal Board.
This argument is without basis, in our opinion. The Board's decision indicates that, with the obvi ous intention of safeguarding applicant's interests, the Board treated the summary as inaccurate on all the points whose accuracy applicant had expressly disputed. What applicant is therefore alleging the Board did was to give credibility, on all the points which he had not specifically disput ed, to a document which had none, since its accuracy could not be checked. In our view, the Board in so doing did not commit an error of law; its function was to rule on the credibility of the evidence presented to it, and this Court cannot say that its decision was vitiated by any of the errors set forth in subsection 28(1) of the Federal Court Act.
 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.