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Canada Case Law

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Administrative law 2020 FCA 170

Canada (Attorney General) v. Soucy

The Federal Court reasonably concluded the Commission's decision was unintelligible and unreasonable because it failed to explain why the appointment decision premised on the manager's selection based on 'values' did not engage the merit principle in s.30 and therefore did not warrant investigation under s.66; the Federal Court of Appeal upheld that conclusion and dismissed the appeal.

  • Staffing and appointments
  • Merit principle
  • Investigation under section 66
  • Manager discretion in selection
  • Standard of review and deference
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Administrative law 2020 FC 544

Veillette v. Canada (Revenue Agency)

The Federal Court dismissed Guy Veillette’s judicial review of a grievance dismissal, finding no procedural unfairness and holding the CRA decision reasonable.

  • Judicial review
  • Procedural fairness
  • Reasonableness review
  • Staffing and appointments
  • Language requirements
  • Collective agreement
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Administrative law 2017 FCA 250

Canada (Attorney General) v. Shakov

The appeal was allowed in part: the Federal Court’s judgment was varied and the matter remitted to the Public Service Commission for reconsideration because the PSC investigator made unreasonable factual findings and failed to address the key question whether, in the exigent circumstances, classifying the term supervisory position as English Essential constituted improper conduct under s.66 of the PSEA; the PSC’s retroactive revocation of Shakov’s term appointment was unreasonable and cannot stand.

  • Improper conduct under psea
  • Linguistic profiling of positions
  • Staffing and appointments
  • Remedies and revocation
  • Standard of review
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Administrative law 2015 FC 436

Gandhi v. Canada (Canada Border Services Agency)

The Federal Court dismissed judicial review of a staffing complaint decision, finding no procedural unfairness, no abuse of authority, and no proven discrimination.

  • Judicial review
  • Procedural fairness
  • Abuse of authority
  • Staffing and appointments
  • Discrimination
  • Reference checks
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Administrative law 2014 FC 166

Mabrouk v. Canada (Public Service Commission)

Federal Court judicial review of a Public Service Commission staffing investigation. The Court found the investigator’s factual findings reasonable and no breach of procedural fairness.

  • Staffing and appointments
  • Procedural fairness
  • Investigation under psea
  • Judicial review of administrative action
  • Judicial-review
  • Procedural-fairness
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Administrative law 2012 SCC 64

Canada (Attorney General) v. Kane

The Supreme Court upheld the Tribunal’s dismissal of Kane’s complaint, holding that section 33 of the PSEA gives deputy heads broad discretion over appointment processes.

  • Standard of review
  • Abuse of authority
  • Staffing and appointments
  • Discretion of deputy head
  • Administrative-law
  • Judicial-review
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Administrative law 2011 FC 1205

Brown v. Canada (Procureur général)

The Federal Court held the Public Service Labour Relations Board lacked jurisdiction over the grievance because the Public Service Employment Act provided an alternative appeal process.

  • Jurisdiction
  • Grievance procedure
  • Staffing and appointments
  • Employment equity
  • Judicial review
  • Statutory interpretation
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Administrative law 2011 FCA 214

Public Service Alliance of Canada v. Senate of Canada

The Board reasonably concluded that a contractual requirement to post bargaining unit vacancies would intrude on employer staffing procedures governed by s.55(2) and therefore lay outside the Board's arbitral jurisdiction; the Federal Court of Appeal applied a reasonableness standard and found the Board's conclusion and limited reasons defensible and intelligible, dismissing the judicial review.

  • Jurisdiction
  • Standard of review
  • Collective agreement terms
  • Staffing and appointments
  • Arbitral award scope
  • Section 55(2) pesra
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Administrative law 2009 FC 740

Kane v. Canada (Attorney General)

The Federal Court upheld the Tribunal’s dismissal of Robert Kane’s staffing complaint, finding no unreasonable error and no abuse of authority in using an advertised process.

  • Abuse of authority
  • Staffing and appointments
  • Standard of review
  • Reclassification
  • Abuse-of-authority
  • Staffing-and-appointments
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Public service employment 2009 FC 618

Canada (Attorney General) v. Cameron

The Federal Court set aside corrective orders made by the Public Service Staffing Tribunal, finding they exceeded the Tribunal’s jurisdiction.

  • Corrective action
  • Jurisdiction
  • Abuse of authority
  • Staffing and appointments
  • Standard of review
  • Judicial-review
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.