Decision 2122291

Case Number Claimant Judge Language Decision date
Decision 2122291 Tétreault-Gadoury M.  Supreme  French 1991-06-06
Decision Appealed Appellant Corresponding Case
Allowed Unanimous  No Commission  A-0760.86 


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
federal court  jurisdiction 

Summary:

Refusal by the Board to consider the constitutional arguments. Appeal brought before the Federal Court instead of the Umpire. Question legally submitted to the Court, but it does not have the jurisdiction here to settle the issue definitively. That came under the Umpire.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
federal court  role 

Summary:

Special nature of powers conferred by s. 28 of the Federal Court Act which are confined to the supervision and control of the legality of decisions made by administrative bodies, and to ask them to reconsider the matter with appropriate instructions.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  jurisdiction  charter 

Summary:

The particular UI legislative scheme contemplates that constitutional questions be more appropriately presented to the Umpire, on appeal, rather than to the Board itself. The Board did not have jurisdiction to rule that s. 31 (severance benefit) violated the Charter.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
umpires  jurisdiction  charter 

Summary:

The particular UI legislative scheme contemplates that constitutional questions be more appropriately presented to the Umpire, on appeal, rather than to the Board itself. The Board did not have jurisdiction to rule that s. 31 (severance benefit) violated the Charter.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
federal court  appeal system  levels 

Summary:

Refusal by the Board to consider the constitutional arguments. Appeal brought before the Federal Court instead of the Umpire. Question legally submitted to the Court, but it does not have the jurisdiction here to settle the issue definitively. That came under the Umpire. The usual procedure for objecting to decisions of the Commission is, first, an appeal to the Board, then to an Umpire and then to the Federal Court of Appeal, or directly from the Board to the Federal Court of Appeal.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  legislative authority  purpose of ui system 

Summary:

The aim of the Act has always been to create a social insurance plan to compensate unemployed workers for loss of income from their employment and to provide them with economic and social security for a time, thus assisting them in returning to the labour market. The aim of the UI Act is to compensate temporarily persons intent on remaining in the active labour force but who are at some point unable to find employment.


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