Decision 10689

Case Number Claimant Judge Language Decision date
Decision 10689   Joyal  French 1985-06-25
Decision Appealed Appellant Corresponding Case
Allowed  No N/A  -

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  legislative authority  purpose of ui system 


Object of Act: to create a UI system to provide unemployed persons with collective benefits of their insurance premiums so that can survive until they find new employment. Availability essential. Several sections reflect this principle.

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work  incompatible situations  imprisonment 


Disentitlement under 32(a) based on same principle as 32(b). Must not be seen as penalty for inmate, any more than for absence from country. Rule based on effective lack of availability. Meaning of "détenu" and "inmate" considered; not perfectly equivalent. Ejusdem generis rule applicable to "similar institution". Admission to psychiatric institute for diagnosis and not punishment. He is inmate, but not in prison. Accused of theft and admitted to psychiatric institute in Montreal for 6 weeks to assess fitness to stand trial. Not a prison. Diagnosis rather than punishment.

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