Federal Court of Appeal Decisions

     A-339-95

CORAM:      HUGESSEN J.A.

     LINDEN J.A.

     McDONALD J.A.

B E T W E E N :

     THE COMMISSIONER OF THE ROYAL CANADIAN

     MOUNTED POLICE and

     THE PUBLIC SERVICE COMMISSION

    

     Appellants

     (Respondents)

     - and -

     REJEAN A. ETHIER

    

     Respondent

     (Applicant)

     Heard at Ottawa, Ontario, Tuesday, October 1, 1996.

     Judgment rendered from the Bench, October 1, 1996.

REASONS FOR JUDGMENT OF THE COURT

DELIVERED BY:      HUGESSEN J.A.

     A-339-95

CORAM:      HUGESSEN J.A.

     LINDEN J.A.

     McDONALD J.A.

B E T W E E N :

     THE COMMISSIONER OF THE ROYAL CANADIAN

     MOUNTED POLICE and

     THE PUBLIC SERVICE COMMISSION

    

     Appellants

     (Respondents)

     - and -

     REJEAN A. ETHIER

    

     Respondent

     (Applicant)

     REASONS FOR JUDGMENT OF THE COURT

     (Delivered from the Bench at Ottawa, Ontario

     Tuesday, October 1, 1996)

HUGESSEN J.A.

     Mr. Lester, while not disputing the learned motions judge's findings of fact or the conclusion that the decision to hold an open competition was void for being tainted by bad faith and irrelevant considerations, takes two points:

     First, he says the judge's order should not have declared vacant the position which the competition was designed to fill; only the Public Service Commission may revoke an appointment. The short answer to this, assuming Mr. Lester's proposition of law to be correct, is that the judge did not purport to revoke the appointment. The vacating of the position was simply the natural consequence of quashing the competition which had resulted in its being filled.

     Second, Mr. Lester asks us to correct an "impression" which he says may be drawn from a reading of the judge's reasons. This Court's role is not to correct impressions and in any event the appellants' right of appeal is limited by subsection 27(1) to the judgment itself, ie the disposition; the reasons, though they may show how the judge came to an erroneous conclusion, (although they do not do so in this case), may not themselves be appealed¹ .

     The appeal will be dismissed with costs.

     "James K. Hugessen"

     J.A.

     FEDERAL COURT OF APPEAL

     A-339-95

B E T W E E N :

     THE COMMISSIONER OF THE ROYAL

     CANADIAN MOUNTED POLICE and

     THE PUBLIC SERVICE COMMISSION

    

     Appellants

     (Respondents)

     - and -

     REJEAN A. ETHIER

    

     Respondent

     (Applicant)

     REASONS FOR JUDGMENT OF THE COURT

__________________

¹      See Sopinka & Gelowitz, The Conduct of an Appeal , (Toronto, Vancouver, Butterworths) at pp. 4-5