PUBLIC SERVICE

Selection Process

Merit Principle

Judicial review of Appeal Board’s decision dismissing applicant’s appeal of proposed nomination under Public Service Employment Act—Appropriate standard of review, legal test for bias—Composition of Selection Board raising reasonable apprehension of bias—Serious flaws in Appeal Board’s assessment of evidence—Not reasonable to find selection based on merit—Application allowed—Public Service Employment Act, R.S.C., 1985, c. P-33.

Cheney v. Canada (Attorney General) (T-1736-04, 2005 FC 1590, de Montigny J., order dated 24/11/05, 16 pp.)