Decision 46680
Full Text of Decision 46680
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Summary:
Counsel for the claimant argued that his client should have been granted his constitutional rights under the Charter of Rights and Freedoms by being given the appropriate warning and being offered the services of a lawyer or counsellor. Consequently, his client's statutory declarations should be disregarded. Argument dismissed by the Umpire. Claimant may refuse to answer and thus lay himself open to the effects of the law, but if he speaks or writes, his statements cannot be disregarded for the reasons given by counsel.
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Decision 29070
Full Text of Decision 29070
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Counsel alleges that the CEIC investigator should not have obtained such a damaging statement from the claimant without her having had the privilege of a lawyer. Quebec and Canadian charters examined as well as judgments dealing with other laws.
Decision 23946
Full Text of Decision 23946
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May I first point out that the fact that no counsel was there with the claimant does not derogate from the validity and legality of the interview? The SC, in Dehghani vs. the Minister of EI, decided that the principle of fundamental justice was not violated by a claimant not having counsel present.