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Administrative Law

Journal

Schulich School of Law, Dalhousie University

1979

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Comment On Jacmain V. Attorney General Of Canada And The P.S.S.R. Board, Norman M. Fera May 1979

Comment On Jacmain V. Attorney General Of Canada And The P.S.S.R. Board, Norman M. Fera

Dalhousie Law Journal

The recent Supreme Court of Canada decision in Jacmain v. A. G. of Can. and the P.S.S.R. Board' partly clarifies the rights and "protections" accorded a federal government probationary worker upon dismissal. Regretably, however, with reference to the role of a grievance adjudicator (a federal tribunal) in such matters, and even more so with reference to the role of the courts in "supervising" the jurisdictional findings of such a tribunal, the Jacmain decision is less instructive. The facts of the case are relatively complex. Jacmain had been an employee with the Department of National Revenue prior to entering a competition …