Decision 52792

Case Number Claimant Judge Language Decision date
Decision 52792   Rouleau  English 2001-12-04
Decision Appealed Appellant Corresponding Case
Dismissed  No Claimant  -


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

Summary:

Claimant entitled to a maximum of 10 weeks of parental benefits and not the 35 weeks set out in Bill C-32. She appeals on the grounds that the specific provision infringes her right to equality as guaranteed by the Charter. Relying on the FCA decision in Nishri (A-0216.96), the umpire held that the cut-off date of Dec. 31, 2000 was simply a criteria selected by Parliament for determining whether a claimant will be governed by the old rules or the new rules and that it was not based on any personal characteristic of the claimant. Appeal dismissed.


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

Summary:

Claimant entitled to a maximum of 10 weeks of parental benefits and not the 35 weeks set out in Bill C-32. She appeals on the grounds that the specific provision infringes her right to equality as guaranteed by the Charter. Relying on the FCA decision in Nishri (A-0216.96), the umpire held that the cut-off date of Dec. 31, 2000 was simply a criteria selected by Parliament for determining whether a claimant will be governed by the old rules or the new rules and that it was not based on any personal characteristic of the claimant. Appeal dismissed.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  parental benefits  maximum payable 

Summary:

Claimant entitled to a maximum of 10 weeks of parental benefits and not the 35 weeks set out in Bill C-32. She appeals on the grounds that the specific provision infringes her right to equality as guaranteed by the Charter. Relying on the FCA decision in Nishri (A-0216.96), the umpire held that the cut-off date of Dec. 31, 2000 was simply a criteria selected by Parliament for determining whether a claimant will be governed by the old rules or the new rules and that it was not based on any personal characteristic of the claimant. Appeal dismissed.


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