Giroux v. Canada (Attorney General)

Giroux v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2002-03-21 Neutral citation 2002 FCA 115 File numbers A-566-00 Decision Content Date: 20020321 Docket: A-566-00 Montréal, Quebec, March 21, 2002 CORAM: RICHARD C.J. DÉCARY J.A. NOËL J.A. BETWEEN: YVON GIROUX Appellant and ATTORNEY GENERAL OF CANADA Respondent JUDGMENT The appeal is dismissed with costs. J. Richard Chief Justice Certified true translation Mary Jo Egan, LLB Date: 20020321 Docket: A-566-00 Neutral Citation: 2002 FCA 115 CORAM: RICHARD C.J. DÉCARY J.A. NOËL J.A. BETWEEN: YVON GIROUX Appellant and ATTORNEY GENERAL OF CANADA Respondent Hearing held at Montréal, Quebec, on March19, 2002. Judgment delivered at Montréal, Quebec, on March 21, 2002. REASONS FOR JUDGMENT BY: DÉCARY J.A. CONCURRED IN BY: RICHARD C.J. NOËL J.A. Date: 20020321 Docket: A-566-00 Neutral Citation: 2002 FCA 115 CORAM: RICHARD C.J. DÉCARY J.A. NOËL J.A. BETWEEN: YVON GIROUX Appellant and ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT DÉCARY J.A. [1] An appeal board established under section 21 of the Public Service Employment Act dismissed the appeal brought by Mr. Giroux against the appointments proposed for Large Case File Manager positions in the former Department of National Revenue. [2] Mr. Giroux then filed an application for judicial review of the appeal board decision in the Federal Court Trial Division. The application was dismissed by Mr. Justice Denault, which gave rise to this appeal. [3] Mr. Giroux is, essentially, criticizing a passage at the very end of the appeal board reasons, where the board states that, in its view, the conclusions of the selection board were not based solely on notes taken at the interview. Mr. Giroux contends that that finding is wrong, that it demonstrates a failure to understand the selection process followed in this case, and that the failure to do so invalidates the findings that the appeal board had previously made. [4] I believe that Mr. Giroux is mistaken about the significance of the passage he is criticizing. Whether or not it is well-founded, the passage represents, at the very most, a comment made by the appeal board after reviewing each of the various allegations made by Mr. Giroux and dismissing them. [5] In the circumstances, Denault J. had no ground to intervene, and properly dismissed the application for judicial review. [6] The appeal should therefore be dismissed with costs. Robert Décary J.A. "I concur. Richard C.J." "I concur. Marc Noël, J.A." Certified true translation Mary Jo Egan, LLB FEDERAL COURT OF CANADA COURT OF APPEAL Date: 20020321 Docket: A-566-00 Between: YVON GIROUX Appellant and ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT FEDERAL COURT OF CANADA APPEAL DIVISION NAMES OF COUNSEL AND SOLICITORS OF RECORD COURT FILE NO.: A-566-00 STYLE OF CAUSE: YVON GIROUX Appellant and ATTORNEY GENERAL OF CANADA Respondent PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: March 19, 2002 REASONS FOR JUDGMENT BY: THE HONOURABLE MR. JUSTICE DÉCARY, J.A. CONCURRED IN BY: RICHARD C.J. NOËL J.A. DATED: March 21, 2002 APPEARANCES: Yvon Giroux Saint-Hubert, Quebec FOR THE APPELLANT (for himself) Guy A. Blouin FOR THE RESPONDENT SOLICITORS OF RECORD: Morris Rosenberg Deputy Attorney General of Canada Ottawa, Ontario FOR THE RESPONDENT