Robert W. Côté

The appellants, customs inspectors, challenged the selection of other inspectors for a newly created 'dog handler' function, arguing it constituted an appointment to a new position under the Public Service Employment Act requiring selection according to merit.

The appeal board agreed and revoked the appointments, but the Federal Court of Appeal set aside that decision, holding that a new position requires a formal administrative decision.

The Supreme Court of Canada allowed the appeal, finding that a significant change in functions requiring special qualifications amounts to the creation of a new position, and thus the appointments were subject to the merit principle and the right of appeal.

The appellant appealed the temporary assignment of a co-worker to a newly created but unclassified supervisory position, arguing it was an appointment not based on merit under the Public Service Employment Act.

The Federal Court of Appeal had ruled that without a clear intent to create a position and make an appointment, no appointment occurred.

The Supreme Court of Canada allowed the appeal, holding that the objective facts, not the Department's intent, determine if an appointment occurred.

The Court found that the prolonged temporary assignment to new functions constituted an appointment to a position, triggering the merit principle and the right of appeal.