This was an unsuccessfull appeal by appellant (“Lavigne”) of Department of Justice, Assessment Board’s decision not to consider him as a canditate for an employment opportunity

23. February 2010 0
Administrative law – Decisions of administrative tribunals – Abuse of public office – Employment law – Competition for employment – Judicial review – Compliance with legislation – Statutory powers Lavigne v. Canada (Deputy Minister of Justice), [2009] F.C.J. No. 827, 2009 FC 684, Federal Court, July 2, 2009, Shore J. A manager at the Department ...

The appellant, Ralph, sought unsuccessfully a judicial review of a decision of the Minister of Fisheries and Oceans (the “Minister”) which dismissed the appellant’s application for the reinstatement of a supplementary crab licence

23. February 2010 0
Administrative law – Decisions of administrative tribunals – Fisheries – Licence applications – Judicial review – Natural justice Ralph v. Canada (Attorney General), [2009] F.C.J. No. 1556, 2009 FC 1239, Federal Court, December 4, 2009, Heneghan J. The appellant obtained a supplementary crab licence in 1988. At that time, the Crab Management Plan for the ...

The Appellant, Campbell, initiated an unsuccessful human rights complaint on the basis that her employer, the Canada Revenue Agency (“the CRA”), had discriminated against her on the basis of her disability

23. February 2010 0
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Human rights complaints – Discrimination – Disability – Harassment – Investigations – Judicial review – Procedural requirements and fairness Campbell v. Canada (Attorney General), [2009] F.C.J. No. 1603, 2009 FC 1252, Federal Court, December 8, 2009, Harrington J. Campbell suffered from back pain ...

The Attorney-General successfully appealed a decision made by the Military Police Complaints Commission to investigate the treatment of detainees in Afghanistan, on the basis that such matters are beyond the jurisdiction of the Commission

24. November 2009 0
Administrative law – Military police – Disciplinary proceedings – Investigations – Public interest – Jurisdiction – Judicial review – Compliance with legislation – Statutory interpretation Canada (Attorney General) v. Amnesty International Canada, [2009] F.C.J. No. 1096, 2009 FC 918, Federal Court, September 16, 2009, Harrington J. The Respondent, Amnesty International, submitted two complaints to the ...

The Federal Court of Appeal upheld a judicial review decision that set aside an adjudicator’s decision ordering the appellant’s reinstatement to his employment with the Correctional Service of Canada. While the reviewing court had erred in applying a standard of review of correctness to the adjudicator’s decision, the adjudicator’s decision was nonetheless unreasonable, in that he failed to properly apply the employer’s standards to the appellant’s conduct. Additionally, the adjudicator erred in his application of the arbitral jurisprudence in his characterization of the seriousness of the appellant’s offence, and by employing an empirical approach in determining whether the grievor’s conduct discredited the CSC.

27. October 2009 0
Administrative law – Decisions of administrative tribunals – Public Service Staffing Tribunal – Employment law – Termination of employment – Code of discipline – Off-duty conduct – Judicial review – Adjudication – Compliance with legislation – Evidence – Standard of review – Reasonableness simpliciter Tobin v. Canada (Attorney General), [2009] F.C.J. No. 968, Federal Court ...

The Federal Court allowed an application by a group of federal employees for judicial review of a decision of the Public Service Staffing Tribunal, which had dismissed complaints of abuse of authority that had been filed by the applicants. The Court found that the Tribunal had failed to properly consider the evidence before it and that its decision was unreasonable.

27. October 2009 0
Administrative law – Decisions of administrative tribunals – Public Service Staffing Tribunal – Abuse of public authority – Employment law – Appointment – Competition for employment – Judicial review – Compliance with legislation – Jurisdiction of tribunal – Evidence – Standard of review – Reasonableness simpliciter Brown v. Canada (Attorney General), [2009] F.C.J. No. 943, ...

The prothonotaries of the Federal Court sought judicial review of a decision of the federal Minister of Justice rejecting virtually all the recommendations made in a Report of the Special Advisor on Federal Court Prothonotaries’ Compensation. The Federal Court dismissed the application for judicial review, on the basis that the primary reason given in the Minister’s Response, regarding significant changes in economic conditions, was reasonable. However, the Court also found that the Response and its reasons did not respond appropriately to the recommendations of the Special Advisor, and did not meet constitutional requirements for appropriate recognition of judicial independence.

27. October 2009 0
Administrative law – Decisions of administrative tribunals – Ministerial orders – Judges – Remuneration of judges – Special Advisor – Recommendations – Government rejection – Employment law – Judicial review aplication Aalto v. Canada (Attorney General), [2009] F.C.J. No. 969, Federal Court, August 28, 2009, MacKay D.J. The office of prothonotary was created by the ...

The Applicant Davidson successfully applied for judicial review of the Respondent Commission’s decision to dismiss her human rights complaint at a preliminary stage. The matter was referred back to the Commission for reconsideration taking into account the reasons for judgment.

27. October 2009 0
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Human rights complaints – Discrimination – Disability – Duty to accommodate – Investigations – Judicial review – Evidence – Compliance with legislation – Standard of review – Reasonableness simpliciter Davidson v. Canada Post Corp., [2009] F.C.J. No. 987, Federal Court, July 9, 2009, ...

Three job applicants applied for judicial review of a decision of the Public Service Staffing Tribunal, which had dismissed complaints of abuse of authority in assessments of merit in an internationally advertised appointment process by Service Canada. The Court allowed the application, finding that the evidence suggested that the Assessment Board abused its authority by basing its assessment on inadequate information and the Tribunal entirely overlooked strong evidence on that point. The Tribunal thereby failed to afford the applicants procedural fairness.

25. August 2009 0
Administrative law – Decisions of administrative tribunals – Public Service Staffing Tribunal – Employment law – Competition for employment – Judicial review – Procedural requirements and fairness – Evidence – Standard of review – Correctness – Abuse of public authority Hammond v. Canada (Department of Human Resources and Social Development), [2009] F.C.J. No. 763, Federal ...

The Applicant (Khiamal) successfully applied for judicial review of a decision of the Canadian Human Rights Tribunal that dismissed his complaint of discrimination against the Respondent, Greyhound Canada Transportation Corporation

23. June 2009 0
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Human rights complaints – Discrimination – Race – Judicial review – Standard of review – Reasonableness simpliciter – Evidence Khiamal v. Canada (Canadian Human Rights Commission), [2009] F.C.J. No. 612, Federal Court, May 12, 2009, Mandamin J. Khiamal (the “Applicant”) is a man ...