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The Index of Jurisprudence

A Supplement to the Digest of Benefit Entitlement Principles

Decision A-0451.85

Case Number:
Claimant:
Judge:
 
Crupi Carm 
Federal 
 
Language:
Decision date:
 
English
1986/03/27
 

Decision:
Appealed:
Appellant:
Corresponding Case:
 
Allowed Majority 
No
N/A 
 

Issue:
Sub-Issue 1:
Sub-Issue 2:
Sub-Issue 3:
 
sickness benefits 
otherwise available 
 

Summary:

As I read s. 14, it clearly prevents benefits from being paid to persons who have not proven their availability for work and their inability to find suitable work or their unavailability by reason of prescribed illness or injury.


Issue:
Sub-Issue 1:
Sub-Issue 2:
Sub-Issue 3:
 
sickness benefits 
imprisonment 
 

Summary:

Since the remand to the Penetanguishene Hospital had neither a custodial or a punitive objective, how can an institution which is clearly a hospital and which treated claimant as one suspected of being ill be said to be a prison-like institution? It is irrelevant whether the Penetanguishene Hospital is part of a penitentiary complex. No less a hospital simply because situated beside a penitentiary. The correct test to apply is: what is the reason, purpose or object of the confinement? A person can be an inmate of a prison or similar institution only if the institution is in truth a prison or similar institution: that must be the nature of the institution itself. Being a patient in hospital on remand and confined against his will not conclusive. [Ryan J.] S. 32 clearly contemplates a gaol, penitentiary (as described in 7(2)(b)) or any other institution having a general likeness to a prison. In the scheme of the legislation, a bona fide hospital is not an institution similar to a prison.


Issue:
Sub-Issue 1:
Sub-Issue 2:
Sub-Issue 3:
 
board of referees 
rules of construction 
change of wording 
 

Summary:

Clearly, former s. 32 had much wider parameters than present. The change in the language used is clearly purposive and must be presumed to have some significance.


Issue:
Sub-Issue 1:
Sub-Issue 2:
Sub-Issue 3:
 
board of referees 
rules of construction 
intent and object 
 

Summary:

The words must be read in their entire context [s. 32] and in their grammatical and ordinary sense harmoniously with the scheme, the object and the intention of the Act. Part I is entitled UI Benefits and encompasses s. 5 to 44.


Issue:
Sub-Issue 1:
Sub-Issue 2:
Sub-Issue 3:
 
board of referees 
rules of construction 
context and titles 
 

Summary:

A word in a statute is a cell within an organism, an incomplete structure within a more complete one, and can be fully understood only in relation to the whole of which it is a constituent part. [Justice MacGuigan] The words must be read in their entire context [s. 32] and in their grammatical and ordinary sense harmoniously with the scheme, the object and the intention of the Act. Part I is entitled UI Benefits and encompasses s. 5 to 44.


Issue:
Sub-Issue 1:
Sub-Issue 2:
Sub-Issue 3:
 
board of referees 
legislative authority 
provincial and other laws 
 

Summary:

It is argued he should be given the benefit of provincial legislation specifying that a person remanded to a mental health facility is a patient. This is a definition for purposes of that legislation and does not apply to a different term in different legislation with a different purpose. [p.56]


Issue:
Sub-Issue 1:
Sub-Issue 2:
Sub-Issue 3:
 
basic concepts 
qualifying period 
extension 
rationale 
 

Summary:

The circumstances described in 7(2)(a),(b),(c) and (d) have a common rationale. They all envisage a factual scenario in which the applicant is not available for employment through external circumstances beyond his or her control. [Heald J., p. 9]