Hasan v. Canada ( Attorney General )
T-2173-95
Richard J.
12/4/96
9 pp.
Application for judicial review of Public Service Commission Appeal Board's interlocutory ruling applicant, unsuccessful candidate for employment competition not permitted to personally examine documents pertaining to standardized tests used to assess ability qualifications-Appealed test result under Public Service Employment Act, s. 21(1)-Not represented and requesting disclosure of all relevant material to himself personally-Practice to provide full disclosure to representative but limited disclosure to appellant personally to preserve integrity of test-Application for judicial review allowed-Public Service Employment Regulations, s. 24 mandatory in providing appellant or appellant's representative "shall be provided access . . . to any document that contains information that pertains to the appellant or to the successful candidate"-No statutory justification for distinguishing between disclosure to appellant and appellant's representative-However, manual for assessors containing answer key does not pertain to appellant or successful candidate and need not be disclosed-Commission entitled to control circumstances under which material viewed, including undertaking of non-disclosure and control over any notes taken-Public Service Employment Act, R.S.C., 1985, c. P-33, s. 21(1) (as am. by S.C. 1990, c. 54, s. 2)-Public Service Employment Regulations, 1993, SOR/93-286, s. 24.