| Citation: |
Canada (Attorney General) v. Gilbert, 2009 FCA 76, [2009] 3 F.C.R. D-16 |
A-113-08 |
Public Service
Appeal from Federal Court decision (2008 FC 202) allowing application for judicial review of Director of Organization and Classification Directorate of Royal Canadian Mounted Police’s decision regarding classification grievance—As Strategic Planning Analyst with Royal Canadian Mounted Police, respondent requested position be reclassified from AS-04 to AS-05 but grievance dismissed—After application for judicial review commenced, Director’s decision regarding classification rescinded, new hearing ordered—Judicial review proceedings not moot where application commenced before purported rescission—Although Federal Court correct in deciding issue not moot, wrongly relying on Public Service Staff Relations Act, R.S.C., 1985, c. P-35, s. 96(3) to reach result—Federal Court should refer matter back for reconsideration when grants judicial review application with respect to decision following Classification Grievance Committee recommendation—Appeal allowed in part.
Canada (Attorney General) v. Gilbert (A-113-08, 2009 FCA 76, Richard C.J., judgment dated March 11, 2009, 6 pp.)