Decision A-1393.92

Case Number Claimant Judge Language Decision date
Decision A-1393.92 Xuan Guochang  Federal  English 1994-01-27
Decision Appealed Appellant Corresponding Case
Allowed Unanimous  No N/A  21630 


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

Summary:

Quoted from ABRAHAMS with approval: Since the overall purpose of the Act is to make benefits available to the unemployed, I would favour a liberal interpretation of the re-entitlement provisions. I think any doubt arising from the difficulties of the language must be resolved in favour of claimant.


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

Summary:

We agree that legal interpretation entails consideration of numerous factors, and it may be necessary to ignore the restrictive view suggested by the immediate context if a more liberal approach is dictated by Parliament's overall intent. Today there is only one principle or approach, namely, the words of an Act are to be read in their entire context and in their grammatical and ordinary sense harmoniously with the scheme of the Act, the object of the Act, and the intention of Parliament. As stated in GARLAND, it is necessary to read the statute containing the words in issue in its entirety as an initial step. Only after that has been done can it be determined with any precision whether or not the words being interpreted are clear and unambiguous. We accept this approach.


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

Summary:

Immigrant who left Canada on business. His passport expired while in China. He was then confined to a city, had to report to Chinese authorities on a daily basis in addition to performing some work for them. Returned after 14 months. As per GARLAND, institution need not be restricted to a building.


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