Decision 15036

Case Number Claimant Judge Language Decision date
Decision 15036   Muldoon  English 1988-04-26
Decision Appealed Appellant Corresponding Case
Dismissed  No N/A  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts  rate of unemployment 

Summary:

Board wrong in holding reg. 52 contrary to Charter. They were wrong to ignore reg. 52 and paras. 58(t) and (u) of the Act on that basis. Board erred in law in being dissatisfied with the methodology used by Statistics Canada and selection of that agency.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  jurisdiction  priority of law 

Summary:

If it is not the function of the Supreme Court to question the wisdom of enactments nor to adjudicate upon the merits of basic policies, it is certainly no part of the function of Boards to do so. They are obliged to avoid erring in law but must not question Parliament's wisdom.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  errors in law  excess of jurisdiction 

Summary:

The Board was wrong in holding that reg. 52 was contrary to the Charter. It was wrong to ignore reg. 52 and paras. 58(t) and (u) of the Act on that basis. The Board erred in law in being dissatisfied with the methodology used by Statistics Canada and selection of that agency. If it is not the function of the Supreme Court to question the wisdom of enactments nor to adjudicate upon the merits of basic policies, it is certainly no part of the function of Boards to do so. They are obliged to avoid erring in law but must not question Parliament's wisdom.


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