PUBLIC SERVICE |
Selection Process |
Merit Principle |
Carty v. Canada (Attorney General)
T-552-02
2003 FC 1338, Snider J.
14/11/03
10 pp.
Judicial review of Appeal Board's decision dated April 10, 2002--Immigration and Refugee Board (IRB) advertised closed competition to fill position of Operations Service Manager (PM-05) in Toronto office--Applicants all federal public servants who applied unsuccessfully for advertised position--Board undertook global assessment in each of three categories of "Knowledge", "Abilities", "Personal Suitability" --Applicants appealed appointments of successful candidates to Public Service Commission Appeal Board under Public Service Employment Act, s. 21(1)--Whether Appeal Board correctly decided Selection Board respected merit principle during assessment process--Panel of three employees of IRB, known as Selection Board, appointed to assess candidates and select, rank, appoint best qualified individual for position-- Qualifications related to Knowledge, Abilities, Personal Suitability--Standard of correctness applied to Appeal Board's decision--According to recent Federal Court cases, there must be evaluation of each qualification--Although Selection Board can give different weights to different qualifications, not open to it to ignore any of qualifications-- Each discrete qualification must be evaluated--Establishment of standard of measurement--"pass mark"-- for each qualification inherent in concept of evaluation--Assessment carried out by Selection Board detailed, conscientiously completed--Only additional step required to comply with legal requirements to establish threshold for each qualification --"Pass mark" for individual qualification may be established in total discretion of Selection Board--Application allowed-- Public Service Employment Act, R.S.C., 1985, c. P-33, s. 21 (as am. by S.C. 1992, c. 54, s. 16; 1996, c. 18, s. 15).