Canada (Attorney General) v. Bates, (1997) 129 F.T.R. 61 (TD)

• Judge: Campbell, J.
• Court: Federal Court (Canada)
• Case Date: January 14, 1997
• Jurisdiction: Canada (Federal)
• Citations: (1997), 129 F.T.R. 61 (TD)

Can. (A.G.) v. Bates (1997), 129 F.T.R. 61 (TD)

MLB headnote and full text

Temp. Cite: [1997] F.T.R. TBEd. MY.017

Attorney General of Canada (applicant) v. S. Bates (respondent)

(T-2608-95)

Indexed As: Canada (Attorney General) v. Bates

Federal Court of Canada

Trial Division

Campbell, J.

April 9, 1997.

Summary:

After working at a job for five years, Bates' position was not renewed when she did not pass written tests. She appealed. The Public Service Appeal Board, per Chairperson Preto, allowed her appeal and set out reasons why the process and decision-making was flawed in allowing this "unacceptable result". A new selection process was established but Bates was not rehired because of her earlier test results. She appealed again. The Appeal Board, per Chairperson Rosenbaum, again allowed the appeal and was critical of the selection process which responded to the Preto decision and which allowed the "unacceptable result" to continue. The Attorney General of Canada applied for judicial review, raising the issue of the role and function of the Appeal Board.

The Federal Court of Canada, Trial Division, dismissed the application.

Labour Law - Topic 9193.1

Public service labour relations - Job competitions - Appeals - Jurisdiction of appeal board - [See Labour Law - Topic 9261 ].

Labour Law - Topic 9218

Public service labour relations - Job selection - Appeals to appeal board - Scope of - [See Labour Law - Topic 9261 ].

Labour Law - Topic 9261

Public service labour relations - Job selection with job competition - Selection process - Appeals - After working for five years, Bates' position was not renewed when she failed written tests - She appealed (Public Service Employment Act, s. 21) - An Appeal Board allowed her appeal explaining how the process and decision-making was flawed - A new selection process was established but Bates was not rehired - She appealed again - A second Appeal Board allowed the appeal and was also critical of the selection process - The Attorney General of Canada applied for judicial review, arguing that the Appeal Board exceeded its role and function - The Federal Court of Canada, Trial Division, dismissed the application - The court discussed the role and function of an Appeal Board established under s. 21 - See paragraphs 1 to 49.

Cases Noticed:

Charest v. Canada (Attorney General), [1973] F.C. 1217; 2 N.R. 288 (F.C.A.), consd. [para. 28].

Statutes Noticed:

Public Service Employment Act, R.S.C. 1985, c. P-33, sect. 10(1), sect. 10(2), sect. 21(1) [para. 26].

Counsel:

Dogan Akman, for the applicant;

Andrew Raven, for the respondent.

Solicitors of Record:

George Thomson, Deputy Attorney General of Canada, Ottawa, Ontario, for the applicant;

Raven, Jewitt & Allen, Ottawa, Ontario, for the respondents.

This application was heard on January 14, 1997, in Ottawa, Ontario, before Campbell, J., of the Federal Court of Canada, Trial Division, who delivered the following judgment on April 9, 1997.