Civil Service Association of Alberta et al. v. Alberta (Solicitor General) et al., (1979) 15 A.R. 503 (CA)

• Judge: Clement, Haddad and Morrow, JJ.A.
• Court: Court of Appeal (Alberta)
• Case Date: March 22, 1979
• Citations: (1979), 15 A.R. 503 (CA)

Civil Service Assoc. v. Alta. (1979), 15 A.R. 503 (CA)

MLB headnote and full text

Civil Service Association of Alberta, Cumby, Laddish and Branch 8 of Civil Service Association of Alberta v. Solicitor General of Alberta, Campbell, Anderson and Arnold

Indexed As: Civil Service Association of Alberta et al. v. Alberta (Solicitor General) et al.

Alberta Supreme Court

Appellate Division

Clement, Haddad and Morrow, JJ.A.

March 22, 1979.

Summary:

This case arose out of an application by two public employees and their union for an order of certiorari to quash a decision of a job selection panel finding that the two employees were not qualified for promotion to another position. Seven vacancies became available and a competition was posted. The two employees among others applied and were subjected to the selection process conducted by the selection panel. The panel failed to select the two employees and they applied for an order of certiorari. The Alberta Supreme Court, Trial Division, in a judgment unreported in this series of reports, dismissed the application. The employees and the union appealed on the grounds of various alleged procedural deficiencies in the selection process.

The Alberta Court of Appeal dismissed the appeal and affirmed the judgment of the Trial Division.

Administrative Law - Topic 488

The hearing and decision - Tribunal - Effect of absence of member of tribunal - One member of a job selection panel in the civil service was absent for part of the process of interviewing candidates - The Alberta Court of Appeal held that there was no requirement that the members of such a job selection panel attend the interview for each candidate - See paragraph 38.

Administrative Law - Topic 1124

Classification of power or function - Judicial - Selection of qualified job candidates in public service - The Alberta Court of Appeal held that a job selection panel for selecting qualified candidates for positions in the public service performed a judicial function and was subject to review by certiorari - See paragraphs 10 to 11.

Administrative Law - Topic 2091

Natural justice - Constitution of board or tribunal - Bias - Job selection board - Public employees competing for another position in the public service were interviewed by a selection panel, of which one of the members was the employees' supervisor, who did not feel that they were qualified for the new position - The Alberta Court of Appeal held that it was permissible for a person to serve on the selection panel with a prior knowledge or opinion of the candidates - See paragraphs 28 to 35.

Administrative Law - Topic 5040

Judicial review - Certiorari - Tribunal subject to certiorari - Statutory bodies - The Alberta Court of Appeal held that certiorari only lay with regard to statutory bodies - See paragraph 9.

Administrative Law - Topic 5042

Judicial review - Certiorari - Tribunal subject to certiorari - Statutory bodies - What constitutes - Job selection panel in public service - Pursuant to his statutory responsibility the Solicitor General established a selection panel to determine the qualified applicants for job positions - The Alberta Court of Appeal held that the selection panel was a statutory body - See paragraphs 9 to 12.

Administrative Law - Topic 5045

Judicial review - Certiorari - Tribunal subject to certiorari - Body performing judicial functions - A selection panel was established under the Public Service Act, R.S.A. 1970, c. 298, s. 16(1)(b), to conduct a competition for job positions - The Alberta Court of Appeal held that the selection panel was performing a judicial function in conducting the competition - See paragraphs 10 to 11.

Labour Law - Topic 9256

Public service labour relations - Job selection - General - A selection panel was established under the Public Service Act, R.S.A. 1970, c. 298, s. 16(1)(b), to conduct a competition for job positions - The Alberta Court of Appeal discussed the nature of the job selection process conducted by the selection panel in the context of issues relating to procedure - See paragraphs 9 to 40.

Labour Law - Topic 9260

Public service labour relations - Job selection - Procedure - Interview of candidates - The Alberta Court of Appeal held that a job interview was not a hearing in which the candidate was entitled to cross-examine the members of the selection panel, because there were no issues inter partes - See paragraph 13.

Statutes - Topic 5543

Operation and effect - Delegated legislation - Orders or directions made pursuant to regulations - A statute authorized a government department head to prescribe rules and procedures for conducting job competitions - Rules governing competitions were established, but were not passed as regulations under the act - The Alberta Court of Appeal held that the rules were administrative and not mandatory - The Court of Appeal held that where the rules were not law, it was not an error of jurisdiction or law to fail to follow them in conducting a competition - See paragraphs 14 to 19.

Cases Noticed:

Re Vanek and Governors of the University of Alberta, [1975] 5 W.W.R. 429; 57 D.L.R.(3d) 595, appld. [para. 9].

Re Minister of Education and Civil Service Association of Alberta (1976), 2 A.R. 43; 70 D.L.R.(3d) 696, appld. [para. 9].

R. v. Minister of Labour, ex p. General Supplies Company Limited (1964), 47 D.L.R.(2d) 189, dist. [para. 13].

Gienow Limited v. The Board of Industrial Relations of Alberta, [1974] 4 W.W.R. 50, dist. [para. 13].

Mount Royal College Board of Governors v. The Board of Industrial Relations of Alberta, [1974] 6 W.W.R. 647, dist. [para. 13].

Martineau et al. v. Matsqui Institution Inmate Disciplinary Board (1977), 14 N.R. 285; 74 D.L.R.(3d) 1, affirming [1976] 2 F.C. 198; 12 N.R. 150, dist. [para. 15].

Magrath v. The Queen (1978), 38 C.C.C.(2d) 67, consd. [para. 16].

Carltona Limited v. Commissioners of Works, [1943] 2 All E.R. 560, appld. [para. 26].

Committee for Justice and Liberty et al. v. National Energy Board et al. (1976), 9 N.R. 115, dist. [para. 28].

Tomko v. Nova Scotia Labour Relations Board (1975), 9 N.S.R.(2d) 277, consd. [para. 29].

Mehr v. Law Society of Upper Canada, [1955] S.C.R. 344, dist. [paras. 37, 38].

Statutes Noticed:

Public Service Act, R.S.A. 1970, c. 298, sect. 2(c), sect. 2(e), sect. 15, sect. 16, sect. 17, sect. 18 [para. 3].

Authors and Works Noticed:

de Smith, Judicial Review of Administrative Action (3rd Ed.), p. 237 [para. 33].

Counsel:

J.R. Scott, for the appellants;

A.P. Hnatiuk, for the respondents.

This case was heard before CLEMENT, HADDAD and MORROW, JJ.A., of the Alberta Supreme Court, Appellate Division.

On March 22, 1979, HADDAD, J.A., delivered the following judgment for the Appellate Division: