DS v Canada Employment Insurance Commission

DS v Canada Employment Insurance Commission

The claimant's section 20 notice failed to meet paragraph 20(1)(a) because it did not identify the specific provision(s) at issue with sufficient factual and legal linkage to a Charter breach; s.125(14) EIA was inapplicable as there was no prosecution and s.32 EIR was not shown to discriminate on an enumerated or analogous ground, therefore the constitutional arguments cannot proceed and the appeal returns to the regular merit process without the Charter challenges.

Citation
2021 SST 712
Parties
Appellant (claimant): D. S.; Respondent (commission): Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
12 February 2021
Procedural Posture
Employment Insurance / Interlocutory
Outcome
The claimant's constitutional arguments are dismissed for non‑compliance with paragraph 20(1)(a); the appeal will proceed to a regular merit hearing without the Charter arguments.
Legal Topics
Charter Appeals, Section 20 Notice, Availability for Work, Voluntary Leaving, Misrepresentation, Jurisdiction
Source Language
English
Employment Insurance Administrative Law Constitutional Law Tribunal Procedure Charter Appeals Section 20 Notice Availability for Work Voluntary Leaving +2 more

Case Brief

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Parties

D. S.

Appellant (claimant)

Canada Employment Insurance Commission

Respondent (commission)

Procedural Posture

Employment Insurance / Interlocutory

Legal Issues

  1. 1 Whether the claimant's section 20 notice meets paragraph 20(1)(a) requirements
  2. 2 Whether s.125(14) of the Employment Insurance Act and s.32 of the Employment Insurance Regulations infringe Charter ss.1,7,10,11,15,24
  3. 3 Whether the proceedings and sanctions are criminal in nature to attract s.11 protections

Ratio Decidendi

The claimant's section 20 notice failed to meet paragraph 20(1)(a) because it did not identify the specific provision(s) at issue with sufficient factual and legal linkage to a Charter breach; s.125(14) EIA was inapplicable as there was no prosecution and s.32 EIR was not shown to discriminate on an enumerated or analogous ground, therefore the constitutional arguments cannot proceed and the appeal returns to the regular merit process without the Charter challenges.

Court Disposition

The claimant's constitutional arguments are dismissed for non‑compliance with paragraph 20(1)(a); the appeal will proceed to a regular merit hearing without the Charter arguments.

Orders

  • The claimant's section 20 notice is rejected for failing to meet paragraph 20(1)(a) requirements and the constitutional arguments are struck from the proceeding
  • Proceed to a regular merit hearing on the remaining issues; parties to be contacted regarding next steps