A-105-80
John Patrick Redmond (Applicant)
v.
The Queen (Respondent)
Court of Appeal—Thurlow C.J., Pratte and Heald
JJ.—Ottawa, June 26, 1980.
Judicial review — Public Service — Whether it is within the
authority of the Public Service Commission to use telephone
conversations with candidates to determine their qualifications
— Application to set aside Appeal Board's decision that
telephone interviews were not unreasonable is dismissed —
Public Service Employment Act, R.S.C. 1970, c. P-32, s. 16(1)
— Federal Court Act, R.S.C. 1970 (2nd Supp.), c. 10, s. 28.
APPLICATION for judicial review.
COUNSEL:
C. H. MacLean for applicant.
L. Holland for respondent.
SOLICITORS:
Nelligan/Power, Ottawa, for applicant.
Deputy Attorney General of Canada for
respondent.
The following are the reasons for judgment of
the Court delivered orally in English by
THE COURT: We do not need to hear you Miss
Holland. In our view it was within the authority of
the Commission under subsection 16(1) of the
Public Service Employment Act, R.S.C. 1970, c.
P-32, and not contrary to the statute to use tele
phone conversations with candidates as a means of
determining their qualifications.
Further, we do not think the Appeal Board erred
in law in concluding on the material before it that
the Rating Board's decision to interview candi
dates by telephone was not unreasonable and that
it had not been shown that the appellants were
prejudicially affected by the method of assessment
used or that any unfair advantage was actually
given to any of the successful candidates.
Accordingly, the application is dismissed.
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