Assh v. Canada (Attorney General)

Assh v. Canada (Attorney General)

Given the undisputed facts (no contact since 1996, bequest made in 2001 without applicant's knowledge, testamentary gift became an enforceable property right on death, and the estate and overall will made the $5,000 bequest reasonable in context), an informed person would not conclude the bequest was likely to influence the applicant's official duties or compromise government integrity; sections 28(a)-(c) of the Code are satisfied and the Department's Final Level decision refusing acceptance was unreasonable, therefore the applicant is entitled to accept the bequest.

Citation
2005 FC 1411
Parties
Applicant: Daniel Assh; Respondent: The Attorney General for Canada
Court
Federal Court
Jurisdiction
Canada
Judgment Date
14 October 2005
Procedural Posture
Judicial Review / Decision on Application (reasons for Order)
Outcome
Application allowed; Applicant entitled to accept the bequest
Legal Topics
Conflict of Interest and Post Employment Code, Bequests to Public Servants, Judicial Review Standard of Review, Solicitor Client Privilege
Source Language
English
Administrative Law Public Service Employment Law Conflict of Interest Law Estate Law Conflict of Interest and Post Employment Code Bequests to Public Servants Judicial Review Standard of Review Solicitor Client Privilege

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Parties

Daniel Assh

Applicant

The Attorney General for Canada

Respondent

Procedural Posture

Judicial Review / Decision on Application (reasons for Order)

Legal Issues

  1. 1 Whether acceptance of a $5,000 testamentary bequest by a public servant who previously acted as the client's pensions advocate breached the Treasury Board Conflict of Interest and Post-Employment Code
  2. 2 Whether the bequest could influence or reasonably appear to influence the public servant's official duties (application of sections 6(e), 27 and 28 of the Code)
  3. 3 Standard of review applicable to the Final Level grievance decision

Ratio Decidendi

Given the undisputed facts (no contact since 1996, bequest made in 2001 without applicant's knowledge, testamentary gift became an enforceable property right on death, and the estate and overall will made the $5,000 bequest reasonable in context), an informed person would not conclude the bequest was likely to influence the applicant's official duties or compromise government integrity; sections 28(a)-(c) of the Code are satisfied and the Department's Final Level decision refusing acceptance was unreasonable, therefore the applicant is entitled to accept the bequest.

Court Disposition

Application allowed; Applicant entitled to accept the bequest

Orders

  • Applicant is entitled to accept the $5,000 testamentary bequest
  • Costs awarded to the Applicant in the amount of $500 (CAD)