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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
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FOR THE APPELLANT
(for himself)
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| Guy A. Blouin
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FOR THE RESPONDENT
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SOLICITORS OF RECORD:
| Morris Rosenberg
Deputy Attorney General of Canada
Ottawa, Ontario
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FOR THE RESPONDENT
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