Demers v. Can. (A.G.), (1974) 2 N.R. 89 (FCA)

JudgeJackett, C.J., Pratte, J. and Cameron, D.J.
CourtFederal Court of Appeal (Canada)
Case DateFebruary 18, 1974
JurisdictionCanada (Federal)
Citations(1974), 2 N.R. 89 (FCA)

Demers v. Can. (A.G.) (1974), 2 N.R. 89 (FCA)

MLB headnote and full text

Demers v. Attorney General of Canada

Indexed As: Demers v. Canada (Attorney General)

Federal Court of Appeal

Jackett, C.J., Pratte, J. and Cameron, D.J.

February 19, 1974.

Summary:

This case arose out of an application to the Federal Court of Appeal to set aside a decision of a board appointed pursuant to the provisions of the Public Service Employment Act. The board was appointed following a job competition for a newly created position in the Department of National Revenue. The board dismissed an appeal by the applicant. The applicant then appealed to the Federal Court of Appeal pursuant to the provisions of s. 28 of the Federal Court Act. The Federal Court of Appeal dismissed the appeal.

The job competition was advertised as requiring "knowledge of either the English or French language". The applicant contended that it was an essential qualification for the position that the employee be bilingual because of a policy directive by the Treasury Board. The Treasury Board directive laid down principles to the applied by the Departments in deciding what positions should be made bilingual. The Treasury Board directive would have required that the position in question be bilingual. The Federal Court of Appeal held that the policy directive had no operative affect - see paragraph 10.

Labour Law - Topic 9178

Public service labour relations - Job competitions - Language qualifications - A job competition for the Department of National Revenue was advertised as requiring "knowledge of either the English or French language" - An unsuccessful applicant for the job contended that being bilingual was an essential qualification for the position because of a directive from the Treasury Board which would have made the position a bilingual one - The Federal Court of Appeal held that the policy directive of the Treasury Board "had no operative effect" - The Federal Court of Appeal dismissed the appeal by the unsuccessful applicant.

Cases Noticed:

Moreau v. Public Service Appeal Board, [1973] F.C. 593, folld. [para. 6].

Bauer v. Appeal Board, [1973] F.C. 626, folld. [para. 11].

Counsel:

Telesphore Demers, on his own behalf;

R.G. Vincent, for the respondent.

This case was heard by the Federal Court of Appeal at Ottawa, Ontario, on February 18, 1974. Judgment was delivered on February 19, 1974.

The judgment of the court was delivered by JACKETT, C.J.

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