| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| claim procedure |
notice of interview |
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|
Summary:
Following receipt of a Notice to report to an interview, claimant alleged that his right to be advised of his right to counsel pursuant to par. 10(b) of the "Charter" was denied. Argument dismissed by the Umpire. The whole procedure is routine in nature to enable the Commission to gather information to ensure that the claimant is entitled to the benefits. It is not an investigation into "wrongdoing". It was a fact-finding exercise in which the claimant, as a recipient of benefits, was obliged to participate. Decision maintained by FCA.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| proof |
charter |
|
|
Summary:
Claimant alleged that the evidence gathered during an interview and used to impose a penalty was improperly obtained and should therefore be excluded under ss. 24(2) of the Charter. Umpire refuted the argument ruling that to qualify for that exclusion it must be established that "... having regard to all of the circumstances, the admission of it (evidence) would bring the administration of justice into disrepute." There is nothing to lead one to conclude that the conduct of the Commission officials in carrying out their obligations under the Act would bring the administration of justice into disrepute. On the contrary, not to do so might accomplish just that. Claimant's request for judicial review dismissed by FCA.
