Vol. 135, No. 22 — October 24, 2001

Registration
SI/2001-103 24 October, 2001

PUBLIC SERVICE EMPLOYMENT ACT

Exclusion Approval Order for the Appointment of One Employee to a Position at the Correctional Service of Canada

P.C. 2001-1810 4 October, 2001

Whereas, pursuant to subsection 41(1) of the Public Service Employment Act, the Public Service Commission has decided that it is neither practicable nor in the best interests of the Public Service to apply certain provisions of that Act to certain persons and to a certain position in the Correctional Service of Canada, and has, on July 19, 2001, excluded from the operation of section 10 and subsections 21(1.1), 29(3), 30(1) and (2) and 39(3) and (4) of that Act and from the operation of any regulations made under paragraph 35(2)(a) of that Act, certain persons who would otherwise have a right to appeal and the position in the Correctional Service of Canada to which the employee referred to in the annexed schedule will be appointed;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Canadian Heritage, pursuant to subsection 41(1) of the Public Service Employment Act, hereby approves the exclusion made on July 19, 2001 by the Public Service Commission from the operation of section 10 and subsections 21(1.1), 29(3), 30(1) and (2) and 39(3) and (4) of that Act and from the operation of any regulations made under paragraph 35(2)(a) of that Act, of certain persons who would otherwise have a right to appeal and of the position in the Correctional Service of Canada listed in the schedule to which the employee referred to in that schedule will be appointed.

SCHEDULE

NAME	POSITION TITLE
Brent Whetung	Aboriginal Program Officer

EXPLANATORY NOTE

(This note is not part of the Order.)

This Exclusion Approval Order is needed in order to give effect to the settlement reached out of court by Brent Whetung and the Government of Canada.

Mr. Whetung launched a lawsuit against the Queen in right of Canada on February 8, 1999. He claimed that he was discriminated against by the department in that they treated him in an adverse differential manner and failed to provide him with a harassment-free work place on the grounds of his national or ethnic origin, contrary to sections 7 and 14 of the Canadian Human Rights Act.

Extensive negotiations were carried out subsequent to a Canadian Human Rights Commission investigation and they resulted in a fair and equitable treatment for all parties. Among other things, the agreement stipulates that Brent Whetung be appointed to an Aboriginal Program Officer position at the AS-05 level at the Correctional Service of Canada. The settlement is in the public interest in that it puts an end to long and expensive proceedings and it provides stability in the work environment.

The Order facilitates the appointment on an indeterminate basis of this employee by excluding his appointment from the operation of section 10 of the Public Service Employment Act related to merit, subsection 21(1.1) of the same Act related to appeals, subsections 29(3), 30(1) and (2), and 39(3) and (4) and from the operation of any regulations made under paragraph 35(2)(a) of the said Act respecting priority entitlements for appointment.

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