Charest v. Canada (Attorney General), (1973) 2 N.R. 288 (FCA)

JudgeJackett, C.J., Thurlow and Pratte, JJ.
CourtFederal Court of Appeal (Canada)
Case DateDecember 19, 1973
JurisdictionCanada (Federal)
Citations(1973), 2 N.R. 288 (FCA)

Charest v. Can. (A.G.) (1973), 2 N.R. 288 (FCA)

MLB headnote and full text

Charest v. Attorney General of Canada

Indexed As: Charest v. Canada (Attorney General)

Federal Court of Appeal

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

December 19, 1973.

Summary:

This case arose out of a job competition with respect to a position of supervisor in the Department of Manpower and Immigration. The competition was held pursuant to the provisions of the Public Service Employment Act which required that appointments be based on selection according to merit. An examining committee interviewed 80 candidates between April 9 and May 10, 1973. The examining committee put the same questions to each candidate. Several unsuccessful candidates appealed the appointments that were made as a result of the competition. A board of appeal appointed pursuant to section 21 of the Public Service Employment Act allowed the appeals of the unsuccessful candidates and voided the competition.

On appeal to the Federal Court of Appeal the appeal was dismissed and the decision of the board was affirmed.

The Federal Court of Appeal stated that the job competition was void because it was conducted in a manner that raised a doubt as to the fitness of the examining committee to determine the merit of the candidates - see paragraphs 11 and 12.

Labour Law - Topic 9203

Public service labour relations - Job competitions - Merit principle - Public Service Employment Act, s. 10 - A job competition was held by an examining committee in such a way that it was possible for several candidates to have known in advance the questions they would be asked - The Federal Court of Appeal voided the competition because it was conducted in a manner that raised a doubt as to the fitness of the examining committee to determine the merit of the candidates - See paragraphs 11 and 12.

Words and Phrases

Merit - The Federal Court of Appeal discussed the meaning of the word "merit" as found in s. 10 of the Public Service Employment Act, R.S.C. 1970, c. P-32 - See paragraphs 12 to 15.

Statutes Noticed:

Public Service Employment Act, R.S.C. 1970, c. P-32, sect. 10, sect. 11, sect. 12, sect. 13, sect. 14, sect. 15, sect. 16, sect. 17, sect. 18, sect. 19, sect. 20, sect. 21 [para. 12].

Counsel:

D.E. Tellier, for the applicant;

Denis Bouffard, for the respondent.

This appeal was heard by the Federal Court of Appeal on December 19, 1973. Judgment was delivered on December 19, 1973.

The judgment of the Federal Court of Appeal was delivered by PRATTE, J.

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19 practice notes
  • Can. (A.G.) v. Bates, (1997) 129 F.T.R. 61 (TD)
    • Canada
    • Canada (Federal) Federal Court
    • January 14, 1997
    ...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. Statutes Noticed: Public Service Employment Act, R.S.C. 1985, c. P-33, sect. 10(1), sect. 10(2), sect. 21(1) [para. ......
  • Shannon v. Can. (A.G.), (1992) 151 N.R. 45 (FCA)
    • Canada
    • Canada (Federal) Federal Court of Appeal (Canada)
    • December 18, 1992
    ...Commission, [1973] F.C. 1081; 41 D.L.R.(3d) 444 (F.C.A.), refd to. [para. 6]. Charest v. Canada (Attorney General), [1973] F.C. 1217; 2 N.R. 288 (F.C.A.), refd to. [para. Noel v. Ministre de l'emploi et de l'immigration (1991), 136 N.R. 398 (F.C.A.), refd to. [para. 7]. Statutes Noticed: Pu......
  • Leckie v. Can., (1993) 151 N.R. 377 (FCA)
    • Canada
    • Canada (Federal) Federal Court of Appeal (Canada)
    • April 8, 1993
    ...v. Canada (Attorney General) (1992), 151 N.R. 45 (F.C.A.), refd to. [para. 12]. Charest v. Canada (Attorney General), [1973] F.C. 1217; 2 N.R. 288 (C.A.), refd to. [para. Canada (Attorney General) v. Greaves, McNeill, Morris and Waddy, [1982] 1 F.C. 806; 40 N.R. 429 (C.A.), refd to. [para. ......
  • Cyr v. Can. (P.g.), (2000) 201 F.T.R. 191 (TD)
    • Canada
    • Canada (Federal) Federal Court
    • November 15, 2000
    ...have complained about the heat and the noise to the selection board. Cases Noticed: Charest v. Canada (Attorney General), [1973] F.C. 1217; 2 N.R. 288 (F.C.A.), refd to. [para. 15, footnote 3]. Blagdon v. Canada (Public Service Commission Appeal Board), [1976] 1 F.C. 615 (F.C.A.), refd to. ......
  • Request a trial to view additional results
19 cases
  • Can. (A.G.) v. Bates, (1997) 129 F.T.R. 61 (TD)
    • Canada
    • Canada (Federal) Federal Court
    • January 14, 1997
    ...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. Statutes Noticed: Public Service Employment Act, R.S.C. 1985, c. P-33, sect. 10(1), sect. 10(2), sect. 21(1) [para. ......
  • Shannon v. Can. (A.G.), (1992) 151 N.R. 45 (FCA)
    • Canada
    • Canada (Federal) Federal Court of Appeal (Canada)
    • December 18, 1992
    ...Commission, [1973] F.C. 1081; 41 D.L.R.(3d) 444 (F.C.A.), refd to. [para. 6]. Charest v. Canada (Attorney General), [1973] F.C. 1217; 2 N.R. 288 (F.C.A.), refd to. [para. Noel v. Ministre de l'emploi et de l'immigration (1991), 136 N.R. 398 (F.C.A.), refd to. [para. 7]. Statutes Noticed: Pu......
  • Leckie v. Can., (1993) 151 N.R. 377 (FCA)
    • Canada
    • Canada (Federal) Federal Court of Appeal (Canada)
    • April 8, 1993
    ...v. Canada (Attorney General) (1992), 151 N.R. 45 (F.C.A.), refd to. [para. 12]. Charest v. Canada (Attorney General), [1973] F.C. 1217; 2 N.R. 288 (C.A.), refd to. [para. Canada (Attorney General) v. Greaves, McNeill, Morris and Waddy, [1982] 1 F.C. 806; 40 N.R. 429 (C.A.), refd to. [para. ......
  • Cyr v. Can. (P.g.), (2000) 201 F.T.R. 191 (TD)
    • Canada
    • Canada (Federal) Federal Court
    • November 15, 2000
    ...have complained about the heat and the noise to the selection board. Cases Noticed: Charest v. Canada (Attorney General), [1973] F.C. 1217; 2 N.R. 288 (F.C.A.), refd to. [para. 15, footnote 3]. Blagdon v. Canada (Public Service Commission Appeal Board), [1976] 1 F.C. 615 (F.C.A.), refd to. ......
  • Request a trial to view additional results