Miller v. Canada ( Director General Postings and Careers Officers, Canadian Forces )
T-2063-93
Denault J.
17/3/94
16 pp.
Application for writ of certiorari or declaration Director General, Postings and Career Officer's (DGPCO) decision following recommendation of Canadian Forces Career Review Board directing applicant released from Canadian Forces, without force and effect-Application on basis respondent failed to observe principles of natural justice by not providing applicant with oral hearing, denying full disclosure, not notifying Board of request for adjournment, Board acted without jurisdiction because improperly constituted-Whether Board acted without jurisdiction and whether duty of procedural fairness observed-Governor General authorized to release persons enrolled in Canadian Forces; power delegated to DGPCO to make recommendation for compulsory release-Operating Procedures Manual administrative directions with no legal force or effect; failure to comply with them cannot invalidate decision of DGPCO to recommend applicant's release-Duty of procedural fairness owed to applicant because loss of employment serious decision with significant impact upon individual-Reasons and opportunity to be heard sufficient to meet duty of procedural fairness when employee dismissed: Knight v. Indian Head School Division No. 19, [1990] 1 S.C.R. 653-Applicant provided ample opportunity to make written submissions, no justification for imposition of oral hearing and failure to disclose briefing note not amounting to breach of procedural fairness because information already disclosed to applicant-Application dismissed.