Jain v. Canada ( Attorney General )
T-1588-98
Lutfy J.
30/7/99
14 pp.
Application for judicial review of interlocutory decision of Appeal Board Chairperson denying applicants access to assessor's manual, pursuant to interpretation of Public Service Employment Regulations, 1993, s. 24-Applicants, unsuccessful candidates in Revenue Canada closed job competition, contesting appointment of selected persons in appeal before Public Service Appeal Board-Amended Regulations requiring Appeal Board to consider three questions in applying s. 24-Appeal Board should adopt purposeful approach in assessing questions in order to "limit grounds on which deputy head can refuse to release document", as suggested in Regulatory Impact Analysis Statement accompanying enactment of 1996 Regulations-Appeal Board Chairperson concluding disclosure of assessor's manual would compromise integrity, further use of standardized test-Not distinguishing between disclosure to appellants and representatives, disclosure to representatives only-Possibility of "differential disclosure" contemplated by Regulations, s. 24(6)-Apparent failure of Appeal Board Chairperson to canvass possibility of granting conditional disclosure, prior to concluding access could not be given, reviewable error warranting Court's intervention-Purposeful implementation of s. 24(6) requiring Appeal Board to afford applicants opportunity of replacing representatives Lai and Tucci with another representative, whose personal circumstances would not jeopardize continued use of test, create unfair advantage to individual-S. 24(6) enabling Appeal Board to impose conditions which provide disclosure to representative but not to applicants-Differential disclosure should be limited to documents such as assessor's manual, other similarly sensitive information, where access will not otherwise be provided to anyone-Application allowed-Public Service Employment Regulations, 1993, SOR/93-286, s. 24 (as am. by SOR/96-482, s. 4).