Allard

Parties/Partis: Madeleine Allard v. Public Service Commission Appeal Board

Court # Cour: A-163-86

Judgment/Jugement Date: 1986-12-03

HUGESSEN J.:

We are all of the opinion that, first, the applicant was never a candidate in the closed competition which was the subject of the Appeal Board's decision, and second, the facts and circumstances of the case provided no basis on which the Appeal Board could have intervened in the Commission's decision, made pursuant to s. 13(b) of the Public Service Employment Act, R.S.C. 1970, c. P-32, to limit the area of competition to persons occupying positions at the CR-5 level, that is at a level higher than that of the applicant.

Accordingly, though we do not approve of all the propositions contained in the Appeal Board's decision, we see no ground for intervention by this Court. The application made pursuant to s. 28 of the Federal Court Act,R.S.C. 1970, c. 10 (2d supp), will therefore be dismissed. James K. Hugessen, J.