| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| sickness benefits |
out of canada |
|
|
Summary:
Travelled to Hong Kong for a 2-week vacation and was to return to employment in Canada afterward. She was involved in an accident and sustained serious injuries. She underwent emergency medical treatment and surgery. Unable to return as planned. Her case falls outside ss. 54(3).
A person who is not in Canada may only receive sickess benefits if the treatment outside the country is unavailable in Canada. This is an exception to the general scheme of 32(b) of the Act which Parliament is entitled to make.
Ss.15(1) of the Charter imposes the obligation that persons who are similarly situated be treated equally. The distinction created under 32(b) affects claimants who are not in Canada, whether they are disabled or not. This is not based on a personal characteristic but on location.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
absences from home |
out of canada |
|
Summary:
Ss.15(1) of the Charter imposes the obligation that persons who are similarly situated be treated equally. The distinction created under 32(b) affects claimants who are not in Canada, whether they are disabled or not. This is not based on a personal characteristic but on location.
