Burnett v. Canada ( Public Service Commission )
T-328-93
Tremblay-Lamer J.
25/11/93
11 pp.
Merit principle -- Application for judicial review of decision by Public Service Commission to take no corrective action in response to defects found by Appeal Board in competition for GT5 position with Prairie Farm Administration -- Unsuccessful applicant appealing Selection Board's decision on basis merit principle not followed -- PSC Appeal Board allowing appeal based on several flaws in selection process -- Following first appeal, PSC determining order of merit would not change even if errors remedied -- On appeal from PSC's inaction, PSC Appeal Board upholding PSC's response to first Appeal Board decision -- Role of Appeal Board to ensure merit principle being observed-Commission taking necessary steps to ensure merit principle in selection process observed -- Actions consonant with concern about avoiding technical difficulties in correction of injustices-Letter written by applicant's expert not strong or relevant statement with respect to flaws identified by Appeal Board-Second Appeal Board ruling corrective measures taken by Commission did not offend merit principle -- Whether decision to uphold Commission's actions error of law -- Second Appeal Board following direction given to appeal boards by Federal Court of Appeal in refusing to substitute own opinion for that of Commission as satisfied selection made in accordance with merit principle -- Right to procedural fairness arising where nature of decision-making body quasi-judicial or judicial -- Function performed by Selection Board purely administrative task not governed by rules of fairness such as audi alteram partem -- All rights of procedural fairness including right to hearing afforded applicant as part of appeal process in PSEA, s. 21 -- Commission's duty in decision-making process to act fairly -- Decision of first Appeal Board not subject to review as two separate decisions cannot be attacked in single application for judicial review under Federal Court Act, s. 18.1 and R. 1602(4) -- Application dismissed -- Federal Court Act, R.S.C., 1985, c. F-7, s. 18.1 (as enacted by S.C. 1990, c. 8, s. 5) -- Public Service Employment Act, R.S.C., 1985, c. P-33, s. 21 -- Federal Court Rules, C.R.C., c. 663, R. 1602(4) (as enacted by SOR/92-43, s. 19).