Larose v. Canada (Attorney General)

Larose v. Canada (Attorney General)

The appeal board did not have jurisdiction to decide whether the positions were reclassified or were new positions because that determination is essentially a classification decision within the Treasury Board's authority and is within the exclusive review domain of the Federal Court (judicial review); the appeal board may not substitute its view for that of certified classification officers absent challenge to the legality of the classification decision.

Citation
2002 FCT 1106
Parties
Plaintiffs: Gilbert Larose et al.; Defendants: The Attorney General of Canada and Janine Coziol and François Catellier; Plaintiffs: Gemma Lahaie et al.; Defendants: The Attorney General of Canada and France Hould and Michel Richard
Court
Federal Court
Jurisdiction
Canada
Judgment Date
22 October 2002
Procedural Posture
Judicial Review / Application for Judicial Review of Interlocutory Appeal Board Decision
Outcome
Application for judicial review dismissed
Legal Topics
Judicial Review, Reclassification, Merit Selection, Jurisdiction of Administrative Appeal Boards
Source Language
English
Administrative Law Employment Law Public Service Law Judicial Review Reclassification Merit Selection Jurisdiction of Administrative Appeal Boards

Case Brief

Summary, issues, holding and outcome

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Parties

Gilbert Larose et al.

Plaintiffs

The Attorney General of Canada and Janine Coziol and François Catellier

Defendants

Gemma Lahaie et al.

Plaintiffs

The Attorney General of Canada and France Hould and Michel Richard

Defendants

Procedural Posture

Judicial Review / Application for Judicial Review of Interlocutory Appeal Board Decision

Legal Issues

  1. 1 Whether the appeal board had jurisdiction to determine if positions were reclassified or constituted new positions
  2. 2 Whether appointments under s.10(2) of the PSEA were valid in the circumstances
  3. 3 Whether classification decisions by departmental officers are matters for appeal boards or for judicial review by the Federal Court

Ratio Decidendi

The appeal board did not have jurisdiction to decide whether the positions were reclassified or were new positions because that determination is essentially a classification decision within the Treasury Board's authority and is within the exclusive review domain of the Federal Court (judicial review); the appeal board may not substitute its view for that of certified classification officers absent challenge to the legality of the classification decision.

Court Disposition

Application for judicial review dismissed

Orders

  • The application for judicial review is dismissed, with costs to the defendant the Attorney General of Canada.