Bauer, Re, (1973) 6 N.R. 183 (FCA)

JudgeJackett, C.J., St.-Germain and Bastin, D.J.
CourtFederal Court of Appeal (Canada)
Case DateMay 31, 1973
JurisdictionCanada (Federal)
Citations(1973), 6 N.R. 183 (FCA)

Bauer, Re (1973), 6 N.R. 183 (FCA)

test 12345

MLB headnote

Re Bauer

Indexed As: Bauer, Re

Federal Court of Appeal

Jackett, C.J., St.-Germain

and Bastin, D.J.

May 31, 1973.

Summary:

This case arose out of a job competition for an appointment of a Senior Manpower Counseller in the Department of Manpower and Immigration. A requirement of the job was stated to be a "knowledge and use of both the English and French languages". The grievor failed an examination respecting proficiency in the French language and thereby did not qualify for the job. The grievor appealed the appointment of the successful candidate pursuant to s. 21 of the Public Service Employment Act. The grievor claimed that the Department of Manpower and Immigration did not have the legal authority to establish knowledge of the French language as a job qualification because such authority was given to the Public Service Commission by virtue of s. 20 of the Public Service Employment Act and that such authority was not exercised in connection with the job competition in question. The appeal board dismissed the appeal by the grievor.

On appeal to the Federal Court of Appeal pursuant to s. 28 of the Federal Court Act the appeal was dismissed and the appointment of the successful candidate was affirmed. The Federal Court of Appeal stated that s. 20 of the Public Service Employment Act did not operate to invalidate a particular appointment. The Federal Court of Appeal stated that s. 20 was intended to operate when a question arose as the adequacy of the number of employees with particular language qualifications being appointed to a particular part of the public service - see paragraph 24.

Labour Law - Topic 9178

Public service labour relations - Job competitions - Language qualifications - The grievor entered a job competition for an appointment as a senior manpower counsellor in the Department of Manpower and Immigration - A requirement of the job was stated to be a "knowledge and use of the English and French languages" - The grievor failed an examination respecting proficiency in the French language and thereby did not qualify for the job - The grievor claimed that the Department of Manpower and Immigration did not have the legal authority to establish knowledge of the French language as a job qualification because such authority was given to the Public Service Commission by virtue of s. 20 of the Public Service Employment Act and such authority was not exercised in connection with the job competition in question - The Federal Court of Appeal held that the failure of the Public Service Commission to act pursuant to s. 20 did not operate to invalidate a particular appointment - The Federal Court of Appeal stated that s. 20 was intended to operate when a question arose as to the adequacy of the number of employees with a particular language qualification being appointed to a particular part of the Public Service.

Labour Law - Topic 9021

Public service labour relations - General principles - Hiring authority of ministers - The Federal Court of Appeal stated the general authority of a minister respecting hiring and reviewed the statutory exceptions to such authority - See paragraphs 8 to 14.

Statutes Noticed:

Public Service Employment Act, R.S.C. 1970, c. P-32, sect. 20 [para. 17].

Official Languages Act, S.C. 1968-69, c. 54, sect. 9 [para. 18].

Counsel:

M.W. Wright, Q.C. and J.L. Shields, for the appellant;

D.H. Aylen and R.G. Vincent, for the respondent.

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5 practice notes
  • Bauer, Re, (1973) 6 N.R. 183 (FCA)
    • Canada
    • Canada (Federal) Federal Court of Appeal (Canada)
    • May 31, 1973
    ...underline; } .span0 { color: #000000; font-size: 12.0000pt; font-weight: bold; font-family: 'Times New Roman'; } Bauer, Re (1973), 6 N.R. 183 MLB headnote and full text Re Bauer Indexed As: Bauer, Re Federal Court of Appeal Jackett, C.J., St.-Germain and Bastin, D.J. May 31, 1973. Summary: ......
  • Can. (A.G.) v. Blashford, (1991) 120 N.R. 223 (FCA)
    • Canada
    • Canada (Federal) Federal Court of Appeal (Canada)
    • January 15, 1991
    ...the Selection Board rather than by management. As Jackett, C.J., put it in Bauer v. Public Service Appeal Board , [1973] F.C.R. 626 at 630; 6 N.R. 183, at 188: "The employer must be able to define the qualifications and duties of a position before he seeks for a person to fill that pos......
  • Davies v. Can. (A.G.), (2005) 330 N.R. 283 (FCA)
    • Canada
    • Canada (Federal) Federal Court of Appeal (Canada)
    • January 12, 2005
    ...13]. Mercer et al. v. Canada (Attorney General) et al. (2004), 327 N.R. 263; 2004 FCA 301, refd to. [para. 31]. Bauer, Re, [1973] F.C. 626; 6 N.R. 183 (F.C.A.), refd to. [para. Ricketts v. Department of Transport (1983), 52 N.R. 381 (F.C.A.), refd to. [para. 35]. Nanda v. Public Service Com......
  • Ricketts v. Department of Transport, (1983) 52 N.R. 381 (FCA)
    • Canada
    • Canada (Federal) Federal Court of Appeal (Canada)
    • October 31, 1983
    ...decision and therefore not subject to appeal - See paragraphs 5 to 9. Cases Noticed: Bauer v. Public Service Appeal Board, [1973] F.C. 626; 6 N.R. 183, appld. [para. Demers v. Attorney General of Canada, [1974] F.C. 270; 2 N.R. 89, appld. [para. 8]. Brown et al. v. Appeals Branch, Public Se......
  • Request a trial to view additional results
5 cases
  • Bauer, Re, (1973) 6 N.R. 183 (FCA)
    • Canada
    • Canada (Federal) Federal Court of Appeal (Canada)
    • May 31, 1973
    ...underline; } .span0 { color: #000000; font-size: 12.0000pt; font-weight: bold; font-family: 'Times New Roman'; } Bauer, Re (1973), 6 N.R. 183 MLB headnote and full text Re Bauer Indexed As: Bauer, Re Federal Court of Appeal Jackett, C.J., St.-Germain and Bastin, D.J. May 31, 1973. Summary: ......
  • Can. (A.G.) v. Blashford, (1991) 120 N.R. 223 (FCA)
    • Canada
    • Canada (Federal) Federal Court of Appeal (Canada)
    • January 15, 1991
    ...the Selection Board rather than by management. As Jackett, C.J., put it in Bauer v. Public Service Appeal Board , [1973] F.C.R. 626 at 630; 6 N.R. 183, at 188: "The employer must be able to define the qualifications and duties of a position before he seeks for a person to fill that pos......
  • Davies v. Can. (A.G.), (2005) 330 N.R. 283 (FCA)
    • Canada
    • Canada (Federal) Federal Court of Appeal (Canada)
    • January 12, 2005
    ...13]. Mercer et al. v. Canada (Attorney General) et al. (2004), 327 N.R. 263; 2004 FCA 301, refd to. [para. 31]. Bauer, Re, [1973] F.C. 626; 6 N.R. 183 (F.C.A.), refd to. [para. Ricketts v. Department of Transport (1983), 52 N.R. 381 (F.C.A.), refd to. [para. 35]. Nanda v. Public Service Com......
  • Ricketts v. Department of Transport, (1983) 52 N.R. 381 (FCA)
    • Canada
    • Canada (Federal) Federal Court of Appeal (Canada)
    • October 31, 1983
    ...decision and therefore not subject to appeal - See paragraphs 5 to 9. Cases Noticed: Bauer v. Public Service Appeal Board, [1973] F.C. 626; 6 N.R. 183, appld. [para. Demers v. Attorney General of Canada, [1974] F.C. 270; 2 N.R. 89, appld. [para. 8]. Brown et al. v. Appeals Branch, Public Se......
  • Request a trial to view additional results