W.L. Nisbet

The appellant, an air traffic controller, sought to appeal the appointment of another candidate to a position he had applied for.

The Public Service Commission determined under s. 21(b) of the Public Service Employment Act that the appellant's opportunity for advancement had not been prejudicially affected, denying him the right to appeal the appointment.

The appellant applied to the Federal Court of Appeal to review this decision under s. 28 of the Federal Court Act.

The Supreme Court of Canada held that the Federal Court of Appeal lacked jurisdiction because the Commission's opinion was administrative in nature and not required by law to be made on a judicial or quasi-judicial basis.

The appellant, a unilingual air traffic controller, was involuntarily transferred from Montreal to Cornwall after his position was designated bilingual.

He accepted the transfer under protest to avoid dismissal and sought a declaration that he was entitled to remain in his former position.

The Supreme Court of Canada allowed the appeal, holding that the Public Service Official Languages Exclusion Order protected the appellant from being removed from his position solely for lacking bilingual capacity.

The Court further held that the appellant's rights were not extinguished by accepting the transfer under protest, as employees should not be forced to risk disciplinary action to preserve their legal rights.