Summary of Issue: Charter

Decision A0322.09 Full Text of Decision A0322.09

The claimant received EI sickness benefits for the maximum period allowed under 12(3)c) of the EIA. She was later found disentitled to regular EI benefits because her condition rendered her incapable of working. Before the FCA, the claimant raised, for the first time, an incomplete s. 15 Charter claim. The FCA found that the claimant failed to put before the FCA a factual record upon which a determination of constitutionality could appropriately be made. One consequence of her failure to do so is that the AG was deprived of the opportunity to tender evidence regarding a justification of a potential breach of s. 15 under s. 1 of the Charter.

Decision A0512.07 Full Text of Decision A0512.07

The claimant is a full-time university student. He is only available for work during certain hours and days of the week. His chances of finding employment are therefore limited because of his restrictions. Thus, the Umpire did not commit any error when he determined that the claimant did not establish that he was available for work during his period of full-time studies. In addition, the FCA concluded that the claimant could not introduce new evidence because the pre-existing conditions necessary to introduce such evidence did not exist.

Decision 41109 Full Text of Decision 41109

Claimant submited that BOR erred in law in basing its decision on information which could not be used since it was obtained by the Commission without his consent. Umpire ruled that the methods used by the Commission to obtain the information complied with the Act and could be used by the Commission and BOR.

Decision A-0277.98 Full Text of Decision A-0277.98

After hearing the facts, BOR found that the claimant had just cause to quit his job because he had no alternative and also recognized that the employment tried out for a very short period (three days) proved unsuitable. Umpire reversed this decision. FCA found that the BOR had made findings of fact from the evidence before it. Without a transcript of this evidence, the Umpire could not know the evidence on which the BOR had based its decision, much less find it insufficient to justify the claimant's decision to quit.

Decision A-0207.97 Full Text of Decision A-0207.97

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.