Date: 20010124
Docket: A-846-99
CORAM: THE CHIEF JUSTICE
ROTHSTEIN J.A.
MALONE J.A.
BETWEEN:
JEANNE PAGNAN
Appellant
- and -
ATTORNEY GENERAL OF CANADA
Respondent
Heard at Ottawa, Ontario, on Wednesday, January 24, 2001.
JUDGMENT delivered from the Bench at Ottawa, Ontario, on Wednesday, January 24, 2001.
REASONS FOR JUDGMENT OF THE COURT BY: MALONE J.A.
Date: 20010124
Docket: A-846-99
CORAM: THE CHIEF JUSTICE
ROTHSTEIN J.A.
MALONE J.A.
BETWEEN:
JEANNE PAGNAN
Appellant
- and -
ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT
(Delivered from the Bench at Ottawa, Ontario, on Wednesday, January 24, 2001)
MALONE J.A.
| _. This is an appeal from an Order of the Honourable Mr. Justice Allan Lutfy, as he then was, of the Trial Division of this Court dismissing the Appellant's application for judicial review of the decision of Public Service Commission Investigator Anna Preto dated 29 October 1997.1 |
| _. Investigator Preto conducted an investigation pursuant to section 7.1 of the Public Service Employment Act ("PSEA") into the appellant's allegation that the Canadian Wildlife Service ("CWS") of the Department of the Environment ("the Department") had failed to regularize her employment status during the time that she was performing the duties of Programme Coordinator for an international program known as the conservation of Arctic Flora and Fauna ("CAFF"). She found that the Appellant's allegations were not founded on the evidence before her and that no further intervention by the Public Service Commission ("the Commission") was warranted.2 |
| _. Lutfy J. found no reviewable error in Investigator Preto's report. |
| _. In our opinion, Lutfy J. correctly concluded that the findings of fact made by the Investigator were reasonable and disclosed no reviewable error. He did not err in characterizing the Investigator's conclusions as findings of fact or by applying an incorrect standard of review. The appeal will accordingly be dismissed with costs. |
(B. Malone)
J.A.
__________________
1. Reported as [1999] F.C.J. No. 1838, online: QL (FCJ).
2. Appeal Book, tab 4, pp. 71-92.