Patel v. Public Service Commission (Can.), (1994) 77 F.T.R. 86 (TD)

• Judge: Cullen, J.
• Court: Federal Court (Canada)
• Case Date: April 11, 1994
• Jurisdiction: Canada (Federal)
• Citations: (1994), 77 F.T.R. 86 (TD)

Patel v. Public Service Comm. (1994), 77 F.T.R. 86 (TD)

MLB headnote and full text

Nandu Patel (applicant) v. Public Service Commission of Canada (respondent)

(T-2038-93)

Indexed As: Patel v. Public Service Commission (Can.)

Federal Court of Canada

Trial Division

Cullen, J.

April 14, 1994.

Summary:

A job applicant applied in two closed competitions. She was not selected and appealed the successful appointments to the Public Service Commission Appeal Board. Her appeal was dismissed and she applied for judicial review of the Appeal Board's decision.

The Federal Court of Canada, Trial Division, dismissed the application.

Labour Law - Topic 9202

Public service labour relations - Job selection - General - Application of rules of natural justice - An unsuccessful job applicant's appeal to the Public Service Commission Appeal Board was dismissed - She applied for judicial review on the ground that, inter alia, she was denied natural justice - She argued that her answers were more comprehensive than those of the successful candidates and that by not inquiring further into the selection process, the Public Service Commission Appeal Board erred in law - The Federal Court of Canada, Trial Division, dismissed the application - The court held that the Appeal Board was bound by the rules of natural justice but that the Board's duty of inquiry into the selection process was only to the extent of determining whether the merit principle was respected in the selection process - See paragraphs 12 and 35 to 41.

Labour Law - Topic 9203

Public service labour relations - Job selection - General - Merit principle - An unsuccessful job applicant applied for judicial review of the Public Service Commission Appeal Board's decision to dismiss her appeal of the successful appointments - The Federal Court of Canada, Trial Division, dismissed her application - The court held that the Appeal Board had fulfilled its duty under s. 21 (Public Service Employment Act) to review all available material - Having reviewed the material, the Board concluded that there was not a violation of the merit principle, therefore, there was not a reviewable error of law - See paragraphs 14 to 45.

Labour Law - Topic 9205

Public service labour relations - Job selection - General - Job qualifications - Changing of during the selection process - An unsuccessful job applicant appealed the successful appointments to the Public Service Commission Appeal Board - Her appeal was dismissed and she applied for judicial review - She argued that the statement of qualifications had been augmented because a particular question required additional knowledge - The Federal Court of Canada, Trial Division, dismissed her appeal - The court reviewed the material and held that the particular question did not add to the requirements of the job - See paragraphs 42 and 43.

Practice - Topic 33

Actions - Conduct of - General - Party self-representation - An unsuccessful job applicant applied for judicial review of the Public Service Commission Appeal Board's decision to dismiss her appeal - She represented herself - The Federal Court of Canada, Trial Division, opined that when the court deals with an unrepresented party it would be inappropriate to apply a strict interpretation of the Rules of Court - Further, every reasonable leeway should be given to allow the applicant to present her case - See paragraph 30.

Cases Noticed:

Canada (Attorney General) v. Greaves, McNeill, Morris and Waddy, [1982] 1 F.C. 806; 40 N.R. 429 (F.C.A.), refd to. [para. 13].

Delanoy v. Public Service Commission Appeal Board (Can.), [1977] 1 F.C. 562; 13 N.R. 341 (F.C.A), refd to. [para. 15].

Irwin, Re, [1979] 1 F.C. 356; 22 N.R. 475 (F.C.A.), refd to. [para. 15].

Madracki v. Canada (1986), 72 N.R. 257 (F.C.A.), refd to. [para. 15].

Brown et al. v. Public Service Commission (Can.), [1975] F.C. 345; 9 N.R. 493 (F.C.A.), refd to. [para. 15].

Canada (Attorney General) v. Blashford et al., [1991] 2 F.C. 44; 120 N.R. 223 (F.C.A.), refd to. [para. 19].

Cleary v. Public Service Commission Appeal Board (Can.), [1973] F.C. 688 (F.C.A.), refd to. [para. 19].

Laberge v. Canada (Procureur général), [1988] 2 F.C. 137; 84 N.R. 393 (F.C.A.), refd to. [para. 19].

Bambrough v. Public Service Commission Appeal Board (Can.), [1976] 2 F.C. 109; 12 N.R. 553 (F.C.A.), refd to. [para. 21].

Evans v. Public Service Commission Appeal Board (Can.), [1983] 1 S.C.R. 582; 47 N.R. 255, refd to. [para. 25].

Ratelle, Re (1975), 12 N.R. 85 (F.C.A.), refd to. [para. 25].

Lee v. Canada (Attorney General), [1981] 2 S.C.R. 90; 38 N.R. 346, refd to. [para. 26].

Blagdon v. Public Service Commission Appeal Board (Can.), [1976] 1 F.C. 615 (F.C.A.), refd to. [para. 26].

Statutes Noticed:

Federal Court Act, R.S.C. 1985, c. F-7, sect. 18.1(4)(b), sect. 18.1(4)(c), sect. 18.1(4)(d) [para. 10].

Federal Court Rules, rule 1603 [para. 30].

Public Service Employment Act, R.S.C. 1985, c. P-33, sect. 10(1), sect. 10(2) [para. 31]; sect. 12(1), sect. 12(2) [para. 32]; sect. 21(1), sect. 21(2), sect. 21(3) [para. 33].

Public Service Reform Act, S.C. 1992, c. 54, generally [para. 1].

Counsel:

Nandu Patel, on her own behalf;

Gilles Villeneuve, for the respondent.

Solicitors of Record:

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

This application was heard in Ottawa, Ontario, on April 11, 1994, before Cullen, J., of the Federal Court of Canada, Trial Division, who delivered the following judgment on April 14, l994.