Shannon v. Canada (Attorney General), (1992) 151 N.R. 45 (FCA)

• Judge: Stone, Linden and Robertson, JJ.A.
• Court: Federal Court of Appeal (Canada)
• Case Date: December 18, 1992
• Jurisdiction: Canada (Federal)
• Citations: (1992), 151 N.R. 45 (FCA)

Shannon v. Can. (A.G.) (1992), 151 N.R. 45 (FCA)

MLB headnote and full text

In the Matter of an application to review and set aside, pursuant to Section 28 of the Federal Court Act, R.S.C. 1985, Chapter F-7;

And In the Matter of a Decision of an Appeal Board established pursuant to Section 5(d) of the Public Service Employment Act rendered by Joan Stewart, Chairperson, on the 16th day of October, 1991 with respect to the appeal of James Patrick Shannon under Section 21 of the Public Service Employment Act, R.S.C. 1985, c. P-33

James Patrick Shannon (applicant) v. The Attorney General of Canada (respondent)

(A-1076-91)

Indexed As: Shannon v. Canada (Attorney General)

Federal Court of Appeal

Stone, Linden and Robertson, JJ.A.

December 18, 1992.

Summary:

Shannon, an employee of the federal public service, applied for a position to be filled in a "closed competition". Shannon was found to be not qualified. When the successful applicant declined the position the govern­ment proposed that the position be filled by means of an open competition. Shannon appealed.

An appeal board found that it lacked juris­diction to hear the appeal. Shannon applied for judicial review.

The Federal Court of Appeal dismissed the application.

Labour Law - Topic 9193

Public service labour relations - Job com­petitions - Appeals, purpose of - The Federal Court of Appeal stated that an appeal under s. 21 of the Public Service Employment Act is not to protect the appellant's rights, but to prevent an ap­pointment being made contrary to the merit principle (see paragraph 6).

Labour Law - Topic 9193.1

Public service labour relations - Job com­petitions - Appeals, jurisdiction of an appeal board - Shannon, a federal public service employee, unsuccessfully applied for a position to be filled in a closed com­petition - When the successful applicant declined the position, the government proposed to fill the position by an open competition - Shannon appealed and an appeal board held that it lacked jurisdiction to hear the appeal - The Federal Court of Appeal affirmed that Shannon could not appeal against an appointment that was made as a result of an open competition merely because he was an unsuccessful candidate in the closed competition (see paragraph 12).

Cases Noticed:

MacDonald v. Public Service 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. 6].

Noel v. Ministre de l'emploi et de l'immi­gration (1991), 136 N.R. 398 (F.C.A.), refd to. [para. 7].

Statutes Noticed:

Public Service Employment Act, R.S.C. 1970, c. P-32, sect. 21 [para. 9].

Public Service Employment Act, R.S.C. 1985, c. P-33, sect. 2(1), sect. 11 [para. 3]; sect. 21 [paras. 1, 2].

Revised Statutes of Canada, 1985 Act, R.S.C. 1985 (3rd Supp.), c. 40, sect. 4 [para. 11].

Statute Revision Act, S.C. 1974-75-76, c. 20, sect. 5, sect. 6(e), sect. 6(f) [para. 11].

Counsel:

Andrew J. Raven, for the applicant;

Dogan Akman, for the respondent.

Solicitors of Record:

Raven, Jewitt & Allen, Ottawa, Ontario, for the applicant;

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

This application was heard on December 15, 1992, at Ottawa, Ontario, before Stone, Linden and Robertson, JJ.A., of the Federal Court of Appeal.

On December 18, 1992, Stone, J.A., delivered the following judgment for the Federal Court of Appeal.