Decision 19778

Case Number Claimant Judge Language Decision date
Decision 19778   MacKay  English 1991-06-06
Decision Appealed Appellant Corresponding Case
Dismissed  No N/A  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  right of being represented 

Summary:

Claimant has requested that legal counsel be provided to him at government expense, otherwise his right to counsel is infringed. I reject this insofar as it concerns the Crown in right of Canada. No such requirement unless provincial legal aid programmeprovides for this. The legislation does not contemplate that one should be provided counsel. Indeed the provisions for appeals appear to contemplate informal, expeditious hearings where the claimant is personally present to argue his own case, though they do not exclude counsel from appearing.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings  pension  charter 

Summary:

It is argued that the characterization of pension income as earnings infringes s.15 of the Charter. The basis of the discrimination is not one of the enumerated grounds or an analogous ground listed therein.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings  pension  rationale 

Summary:

In view of the fact that the purpose of the UI scheme is to protect employees in part against full financial loss arising from involuntary loss of employment, it would seem entirely rational to deduct under an UI scheme amounts received by virtue of past service to an employer.


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