Decision A-1132.84

Case Number Claimant Judge Language Decision date
Decision A-1132.84 Garland D.  Federal  English 1985-11-20
Decision Appealed Appellant Corresponding Case
Allowed Majority  No N/A 


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  rules of construction  intent and object 

Summary:

The words of an Act are to be read in their entire context and in their grammatical and ordinary sense harmoniously with the object of the Act. If the words are clear and unambiguous they must be followed. [p. 7-8]


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

Summary:

Meaning of "inmate" examined in the light of s.32 and reg. 55. Reg. 55 exempts inmates who have been physically released from prison for certain purposes. This broader concept applies as well to ss.7(2). [p. 11-12]


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  rules of construction  context and titles 

Summary:

The words of an Act are to be read in their entire context and in their grammatical and ordinary sense harmoniously with the object of the Act. If the words are clear and unambiguous they must be followed. [p. 7-8]


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts  qualifying period  extension  incarcerated 

Summary:

Reg. 55 exempts inmates physically released from prison for certain purposes. In light of this and s.32, ss.7(2) must include those prisoners who, while not still remaining in physical confinement, are still within the class of inmates. [p. 11-12] Released from jail on Temporary Absence on the specific condition that he reside and work on parents' farm. He thus completed his sentence outside institution subject to many conditions.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts  qualifying period  extension  rationale 

Summary:

The situations detailed in 7(2)(a) to (d) have a common rationale: non-availability through external circumstances beyond control. Parliament has manifested a clear intention to relieve individuals caught from unfair consequences. [p. 9-10]


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