Canada (Attorney General) v. Blashford et al., (1991) 120 N.R. 223 (FCA)

• Judge: Marceau, MacGuigan and Décary, JJ.A.
• Court: Federal Court of Appeal (Canada)
• Case Date: January 15, 1991
• Jurisdiction: Canada (Federal)
• Citations: (1991), 120 N.R. 223 (FCA)

Can. (A.G.) v. Blashford (1991), 120 N.R. 223 (FCA)

MLB headnote and full text

Attorney General of Canada (applicant) v. G. Blashford and D. Taillefer (respondents) and M. Nicole Ladouceur (mise-en-cause)

(A-560-89)

Indexed As: Canada (Attorney General) v. Blashford et al.

Federal Court of Appeal

Marceau, MacGuigan and Décary, JJ.A.

January 15, 1991.

Summary:

Two unsuccessful job applicants appealed from their rejection by a Selection Board. The Public Service Commission Appeal Board allowed their appeals. The Attorney General of Canada appealed.

The Federal Court of Appeal dismissed the appeal.

Labour Law - Topic 9205

Public service labour relations - Job selection - General - Job qualifications - Changing of - During selection process - Management posted a job competition with specific job requirements, including "considerable second level supervisory experience" - Following examination of all of the applications, the Selection Board established criteria for what constituted an acceptable level of second level supervisory experience - The Federal Court of Appeal held that the Selection Board erred in imposing additional requirements, a function that was within the exclusive prerogative of management.

Cases Noticed:

Delanoy v. Public Service Commission Appeal Board, [1977] 1 F.C. 562; 13 N.R. 341, consd. [paras. 2, 17, 24].

Bambrough v. Public Service Commission, [1976] 2 F.C. 109; 12 N.R. 553, dist. [paras. 6, 10, 28].

Boychuck v. Public Service Commission Appeal Board (1982), 42 N.R. 204, dist. [paras. 6, 10, 29].

Brown v. Public Service Commission, [1975] F.C. 345, appld. [para. 9].

Ricketts v. Department of Transport (1983), 52 N.R. 381, appld. [para. 9].

Attorney General of Canada v. Public Service Commission Appeal Board, [1982] 1 F.C. 803; 40 N.R. 444, consd. [para. 24].

R. v. Justices of Sussex; Ex parte McCarthy, [1924] 1 K.B. 256, refd to. [para. 26].

Statutes Noticed:

Public Service Employment Act, R.S.C. 1970, c. P-32, sect. 10, sect. 31.

Counsel:

B. Bierbrier, for the applicant;

Andrew J. Raven, for the respondents.

Solicitors of Record:

John C. Tait, Q.C., Deputy Attorney General of Canada, Ottawa, Ontario, for the applicant;

Soloway, Wright, Ottawa, Ontario, for the respondents.

This case was heard on December 11, 1990, at Ottawa, Ontario, before Marceau, MacGuigan and Décary, JJ.A., of the Federal Court of Appeal.

On January 15, 1991, the judgment of the Federal Court of Appeal was delivered and the following opinions were filed:

Marceau, J.A. - see paragraphs 1 to 7;

Décary, J.A. - see paragraphs 8 to 19;

MacGuigan, J.A. - see paragraphs 20 to 33.