Brown v. Public Service Comm., (1975) 9 N.R. 493 (FCA)

JudgeJackett, C.J., Pratte and Urie, JJ.
CourtFederal Court of Appeal (Canada)
Case DateFebruary 14, 1975
JurisdictionCanada (Federal)
Citations(1975), 9 N.R. 493 (FCA)

Brown v. Public Service Comm. (1975), 9 N.R. 493 (FCA)

MLB headnote and full text

Brown et al. v. Public Service Commission

Indexed As: Brown et al. v. Public Service Commission

Federal Court of Appeal

Jackett, C.J., Pratte and Urie, JJ.

March 14, 1975.

Summary:

This case arose out of the appointment of twenty foreign service officers in the Department of Manpower and Immigration. As a qualification for the positions the department stated that applicants would be required to have "four annual appraisals". Twenty persons were appointed. An unsuccessful candidate appealed the appointments pursuant to s. 21 of the Public Service Employment Act. An appeal board appointed under s. 21 allowed the appeal and ordered that the appointments not be made because the job qualification of "four annual appraisals" was contrary to the "selection standards" adopted by the Public Service Commission.

On appeal to the Federal Court of Appeal the appeal was allowed and the decision of the appeal board was set aside. The Federal Court of Appeal stated that the Department of Manpower and Immigration in fixing the job qualifications was not bound to do so subject to the "selection standards" adopted by the Public Service Commission.

Labour Law - Topic 9185

Public service labour relations - Job competitions - Qualifications - Fixing of qualifications of an applicant - In 1973 the Department of Manpower and Immigration announced that twenty foreign service positions were open and would be filled - As a qualification for applicants for the positions, the department stated that applicants would be required to have "four annual appraisals" - Twenty persons were appointed - An unsuccessful candidate appealed the appointments pursuant to s. 21 of the Public Service Employment Act - The appeal board appointed under s. 21 allowed the appeal and ordered the appointments not to be made because the job qualification of "four annual appraisals" was contrary to the "selection standards" adopted by the Public Service Commission - The Federal Court of Appeal set aside the decision of the appeal board - The Federal Court of Appeal stated that the department in fixing the job qualifications was not bound to do so subject to the "selection standards" adopted by the Public Service Commission.

Labour Law - Topic 9201

Public service labour relations - Job selection - General principles - The Federal Court of Appeal stated that the power of job selection has "long been removed from the Minister" and is presently conferred on the Public Service Commission - See paragraph 6.

Labour Law - Topic 9203

Public service labour relations - Job selection - Merit principle - The Federal Court of Appeal stated that it has long been a principle governing appointments in the Canadian public service that such appointments are to be made by a process of "selection according to merit" - See paragraph 7.

Labour Law - Topic 9208

Public service labour relations - Job selection - General principles - Selection standards - The Federal Court of Appeal referred to the difference between selection standards and classification standards - See paragraph 13 and footnote 6.

Labour Law - Topic 9185

Public service labour relations - Job competitions - Fixing of job qualifications of an applicant - The Federal Court of Appeal stated that generally a minister's power to manage includes the right to fix the qualifications of a person to be appointed to a position in his department - See paragraph 5.

Administrative Law - Topic 521

The hearing - Conduct of the hearing - General principles - The Federal Court of Appeal stated that the appeal procedure under s. 21 of the Public Service Employment Act is an administrative review of the administrative process and should be conducted with a view to finding and correcting injustices and should not be conducted blindly so as to create technical difficulties and delays - See paragraph 18.

Administrative Law - Topic 661

The hearing - Interpretation of documents - General principles - The Federal Court of Appeal stated that administrative documents should not be read "microscopically" but should be read with a view to extracting the meaning that must have been intended by the administrators who created them - See paragraph 18.

Words and Phrases

Qualifications - The Federal Court of Appeal discussed the meaning of the word "qualifications" in job selection in the public service.

Words and Phrases

Selection standards - The Federal Court of Appeal discussed the meaning of the words "selection standards" in job selection in the public service.

Cases Noticed:

In Re Public Service Competition 73-EXT-IV-203-A FS3, [1974] F.C. 432, folld. [para. 8].

Statutes Noticed:

Public Service Employment Act, R.S.C. 1970, c. P-32, sect. 8 [para. 6]; sect. 10 [para. 7]; sect. 21 [para. 3].

Counsel:

D. Dehler, for the applicants;

M. Kelen, for the respondent.

This appeal was heard by the Federal Court of Appeal at Ottawa, Ontario on February 14, 1975. Judgment was delivered by the Federal Court of Appeal on March 14, 1975 and the following opinions were filed:

JACKETT, C.J. - see paragraphs 1 to 19.

PRATTE and URIE, JJ. - see paragraph 20.

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23 practice notes
  • Bambrough v. Public Service Commission Appeal Board, (1975) 12 N.R. 553 (FCA)
    • Canada
    • Canada (Federal) Federal Court of Appeal (Canada)
    • November 7, 1975
    ...10]. Cleary v. Public Service Appeal Board, [1973] F.C. 688, folld. [para. 10]. Brown et al. v. Appeals Branch, Public Service Commission, 9 N.R. 493, folld. [para. Statutes Noticed: Public Service Employment Act, R.S.C. 1970, c. P-32, sect. 5(a), sect. 8, sect. 10 [fn. 3]; sect. 12 [fn. 4]......
  • Lee, Re, (1980) 31 N.R. 136 (FCA)
    • Canada
    • Canada (Federal) Federal Court of Appeal (Canada)
    • January 14, 1980
    ...appeal board from considering or inquiring into a security clearance job qualification. Cases Noticed: Brown v. Public Service Commission, 9 N.R. 493; [1975] F.C. 345, refd to. [para. Statutes Noticed: Public Service Staff Relations Act, R.S.C. 1970, c. P-35, sect. 112 [para. 11]. Public Se......
  • Syndicat general du Cinema et de la Television (S.G.C.T.) v. National Film Board and Public Service Staff Relations Board, (1977) 16 N.R. 387 (FCA)
    • Canada
    • Canada (Federal) Federal Court of Appeal (Canada)
    • May 27, 1977
    ...R.S.C. 1970, c. P-35, and the National Film Act, R.S.C. 1970, c. N-7. Cases Noticed: Brown v. Public Service Commission, [1975] F.C. 345; 9 N.R. 493, folld. [para. Statutes Noticed: Public Service Staff Relations Act, R.S.C. 1970, c. P-35, sect. 2 [para. 4]. National Film Act, R.S.C. 1970, ......
  • Can. (A.G.) v. Brault, (1987) 81 N.R. 61 (SCC)
    • Canada
    • Canada (Federal) Supreme Court of Canada
    • October 31, 1986
    ...N.R. 70; revsd on other grounds [1981] 1 S.C.R. 199; 35 N.R. 19, refd to. [para. 6]. Brown v. Public Service Commission, [1975] F.C. 345; 9 N.R. 493, refd to. [para. Statutes Noticed: Public Service Employment Act, R.S.C. 1970, c. P-32, sect. 6, sect. 8 [para. 11]; sect. 10 [paras. 1, 5, 8]......
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23 cases
  • Bambrough v. Public Service Commission Appeal Board, (1975) 12 N.R. 553 (FCA)
    • Canada
    • Canada (Federal) Federal Court of Appeal (Canada)
    • November 7, 1975
    ...10]. Cleary v. Public Service Appeal Board, [1973] F.C. 688, folld. [para. 10]. Brown et al. v. Appeals Branch, Public Service Commission, 9 N.R. 493, folld. [para. Statutes Noticed: Public Service Employment Act, R.S.C. 1970, c. P-32, sect. 5(a), sect. 8, sect. 10 [fn. 3]; sect. 12 [fn. 4]......
  • Lee, Re, (1980) 31 N.R. 136 (FCA)
    • Canada
    • Canada (Federal) Federal Court of Appeal (Canada)
    • January 14, 1980
    ...appeal board from considering or inquiring into a security clearance job qualification. Cases Noticed: Brown v. Public Service Commission, 9 N.R. 493; [1975] F.C. 345, refd to. [para. Statutes Noticed: Public Service Staff Relations Act, R.S.C. 1970, c. P-35, sect. 112 [para. 11]. Public Se......
  • Syndicat general du Cinema et de la Television (S.G.C.T.) v. National Film Board and Public Service Staff Relations Board, (1977) 16 N.R. 387 (FCA)
    • Canada
    • Canada (Federal) Federal Court of Appeal (Canada)
    • May 27, 1977
    ...R.S.C. 1970, c. P-35, and the National Film Act, R.S.C. 1970, c. N-7. Cases Noticed: Brown v. Public Service Commission, [1975] F.C. 345; 9 N.R. 493, folld. [para. Statutes Noticed: Public Service Staff Relations Act, R.S.C. 1970, c. P-35, sect. 2 [para. 4]. National Film Act, R.S.C. 1970, ......
  • Can. (A.G.) v. Brault, (1987) 81 N.R. 61 (SCC)
    • Canada
    • Canada (Federal) Supreme Court of Canada
    • October 31, 1986
    ...N.R. 70; revsd on other grounds [1981] 1 S.C.R. 199; 35 N.R. 19, refd to. [para. 6]. Brown v. Public Service Commission, [1975] F.C. 345; 9 N.R. 493, refd to. [para. Statutes Noticed: Public Service Employment Act, R.S.C. 1970, c. P-32, sect. 6, sect. 8 [para. 11]; sect. 10 [paras. 1, 5, 8]......
  • Request a trial to view additional results