Decision A-0666.99

Case Number Claimant Judge Language Decision date
Decision A-0666.99 Buffone Roberto  Federal  English 2001-01-12
Decision Appealed Appellant Corresponding Case
Dismissed Unanimous  No Claimant  44482A 


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment  partial working week 

Summary:

Claimant admitted wanting to establish his law office and not look for other employment. According to the Umpire, section 30 of the EIA creates a presumption that, in the situations listed therein, a claimant is considered to have worked a full working week and it is the claimant's responsibility to disprove this presumption, which he failed to do. FCA summarily dismissed the claimant's application.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment  charter 

Summary:

Claimant alleged that section 30 of the EIR is contrary to his constitutional rights guaranteed under the Canadian Charter of Rights and Freedoms. A person who is looking for work rather than trying to become self-employed is entitled to receive benefits whereas one trying to become self-employed is not. Argument dismissed by the Umpire. Unemployment is not included in the criteria mentioned in section 15 of the Charter since it is not an immutable characteristic such as race, colour, religion, sex, etc. The alleged discrimination is based on his employment as a self-employed worker and not on one of the personal characteristics listed in section 15. Principle summarily upheld by the Court.


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