Lee v. Attorney General of Canada, (1981) 38 N.R. 346 (SCC)

• Judge: Laskin, C.J.C., Martland, Ritchie, Dickson, Beetz, Estey, McIntyre, Chouinard and Lamer, JJ.
• Court: Supreme Court (Canada)
• Case Date: October 06, 1981
• Jurisdiction: Canada (Federal)
• Citations: (1981), 38 N.R. 346 (SCC);126 DLR (3d) 1;38 NR 346;1981 CanLII 194 (SCC);[1981] 2 SCR 90

Lee v. Can. (A.G.) (1981), 38 N.R. 346 (SCC)

MLB headnote and full text

Lee v. Attorney General of Canada

Indexed As: Lee v. Attorney General of Canada

Supreme Court of Canada

Laskin, C.J.C., Martland, Ritchie, Dickson, Beetz, Estey, McIntyre, Chouinard and Lamer, JJ.

October 6, 1981.

Summary:

A public service employee entered a closed job competition and was placed first on an eligible list in order of merit. The employee was not appointed to the job because she did not receive "top secret security clearance" from the R.C.M.P. The employee appealed to an appeal board appointed under section 21 of the Public Service Employment Act. The Appeal Board allowed the employee's appeal on the ground that the denial of security clearance to the employee was not justified. The Federal Court of Appeal in a judgment reported 31 N.R. 136 set aside the decision of the Appeal Board on the ground that the requirement of security clearance could not be evaluated or assessed by selection boards and was not part of the selection process in s. 10 of the Act and was not subject to review by an Appeal Board under s. 21. The employee appealed.

The Supreme Court of Canada dismissed the appeal.

Labour Law - Topic 9218

Public service labour relations - Job selection - Appeal of job selection to appeal board - Scope of appeal - The Supreme Court of Canada held that the requirement of security clearance by the R.C.M.P. for appointment to a job position could not be evaluated or assessed by a selection board and was not part of the selection process under s. 10 of the Public Service Employment Act and could not be subjected to review by an Appeal Board under s. 21 of the Act.

Statutes Noticed:

Public Service Employment Act, R.S.C. 1970, c. P-32, sect. 10, sect. 12(1) [para. 11]; sect. 21 [para. 4].

Public Service Staff Relations Act, R.S.C. 1970, c. P-35, sect. 112(1) [para. 10].

Counsel:

Maurice W. Wright, Q.C., and A.J. Raven, for the appellant;

William Hobson, Q.C., and John Haig, for the respondents.

This case was heard on February 24 and 25, 1981, at Ottawa, Ontario, before LASKIN, C.J.C., MARTLAND, RITCHIE, DICKSON, BEETZ, ESTEY, McINTYRE, CHOUINARD and LAMER, JJ., of the Supreme Court of Canada.

On October 6, 1981, MARTLAND, J., delivered the following judgment for the Supreme Court of Canada: