| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| umpires |
jurisdiction |
charter |
|
Summary:
Claimant had a child on 5-09-90 (prior to the coming into force of Bill C-21 on 18-11-90). She received maternity benefits but was not eligible to parental benefits. The BOR dismissed the appeal: no jurisdiction to consider a Charter issue and so did the Umpire. The FCA held that Umpire failed to deal with the constitutional issue. The Umpire must find that a particular section of the Act contravenes the Charter and that it cannot be saved by Section1. The Court agreed however that Umpires cannot issue declarations of invalidity pursuant to SS.24(1) of the Constitutional Act. Such remedies are reserved to superior courts. Case returned for redetermination on the constitutional issues.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| umpires |
federal court |
jurisdiction |
|
Summary:
Claimant had a child on 5-09-90 (prior to the coming into force of Bill C-21 on 18-11-90). She received maternity benefits but was not eligible to parental benefits. The BOR dismissed the appeal: no jurisdiction to consider a Charter issue and so did the Umpire. The FCA held that Umpire failed to deal with the constitutional issue. The Umpire must find that a particular section of the Act contravenes the Charter and that it cannot be saved by Section1. The Court agreed however that Umpires cannot issue declarations of invalidity pursuant to SS.24(1) of the Constitutional Act. Such remedies are reserved to superior courts. Case returned for redetermination on the constitutional issues.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
jurisdiction |
charter |
|
Summary:
Claimant had a child on 5-09-90 (prior to the coming into force of Bill C-21 on 18-11-90). She received maternity benefits but was not eligible to parental benefits. The BOR dismissed the appeal: no jurisdiction to consider a Charter issue and so did the Umpire. The FCA held that Umpire failed to deal with the constitutional issue. The Umpire must find that a particular section of the Act contravenes the Charter and that it cannot be saved by Section1. The Court agreed however that Umpires cannot issue declarations of invalidity pursuant to SS.24(1) of the Constitutional Act. Such remedies are reserved to superior courts. Case returned for redetermination on the constitutional issues.
