Law360 Canada ( March 1, 2017, 8:55 AM EST) -- Appeal by Taman from a decision dismissing her application for judicial review. Taman was formerly a federal prosecutor in the Regulatory and Economic Prosecutions and Management Branch of the Public Prosecution Service of Canada (PPSC). Her team was responsible for the prosecution of regulatory offences under various federal statutes, including the Lobbying Act and the Income Tax Act. Taman submitted a request to the Public Service Commission (Commission) pursuant to s. 114 of the Public Service Employment Act (PSEA) for permission to seek the nomination of a political party and, if successful, to run as that political party’s candidate in the 2015 federal election. She sought a leave of absence without pay beginning on the day she won the nomination and continuing through the election period. In the event that she was not successful, she volunteered to take a “cooling off” leave without pay and to take a non-prosecutorial position within the PPSC. The Commission rejected Taman’s request as it was not satisfied as required by subsections 114(4) and (5) of the PSEA that Taman could return to her position without being impaired or being perceived to be impaired in her ability to perform her duties impartially. Taman’s application for judicial review of the Commission’s decision was dismissed. The judge acknowledged that the Commission’s decision limited Taman’s rights under the Charter, but concluded that the decision was a proportionate balancing of the Charter rights in dispute and Taman’s ability to perform her duties in a politically impartial manner upon her return to work....