PUBLIC SERVICE |
Appeals |
Levy v. Canada (Attorney General)
T-582-03
2004 FC 262, Phelan J.
23/2/04
11 pp.
Judicial review of decision of Public Service Commission Appeal Board (Appeal Board) dismissing applicant's appeal wherein challenged selection process for position as EX-01 in Department of Foreign Affairs and International Trade (DFAIT)--As part of appeal process applicant requested certain documents--Appeal Board refusing access to documents as not conforming to Public Service Employment Regulations 2000, s. 26--S. 26 describes documents to which appellant entitled as those "that pertain to the appellant or to the successful candidate"--"Pertain" can be given wide meaning--Since purpose of s. 26 to afford appellant disclosure in appeal process, consistent with purpose of provision to view "pertains" as equivalent to "relevant" or otherwise having nexus with appellant or successful candidate --Appeal Board interpreted s. 26 in narrow manner focussing on documents as class of documents rather than directing collective mind to relevance of documents or to purposes of this Regulation--Request for documents must also be considered in context of general public law principles of fairness, natural justice--S. 26 not complete code operating to deny appellant access to relevant documents, but at best minimum standard of disclosure--On this issue alone, Appeal Board's decision quashed--Application allowed--Public Service Employment Act, R.S.C., 1985 c. P-33--Public Service Employment Regulations, 2000, SOR/2000-80, s. 26.