AY v Canada Employment Insurance Commission

AY v Canada Employment Insurance Commission

Because the claimant was confined in detention during the benefit period and pled guilty to one of the charges for which he was detained, he does not satisfy the statutory exception in s10(10)(a) of the Employment Insurance Act requiring that the claimant be 'not found guilty' of the offence(s) for which he was held; therefore his benefit period cannot be extended and he was disentitled while detained.

Citation
2022 SST 489
Parties
Appellant: A. Y.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
26 May 2022
Procedural Posture
Employment Insurance Social Security Tribunal General Division Appeal / Hearing Decision (general Division)
Outcome
Appeal dismissed
Legal Topics
Availability for Work, Benefit Period Extension, Detention in Custody, Interpretation of 'not Found Guilty', Effect of Guilty Plea
Source Language
English
Employment Insurance Administrative Law Extradition/detention Criminal Law (foreign Plea) Availability for Work Benefit Period Extension Detention in Custody Interpretation of 'not Found Guilty' +1 more

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Parties

A. Y.

Appellant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Social Security Tribunal General Division Appeal / Hearing Decision (general Division)

Legal Issues

  1. 1 Was the claimant available for work while detained?
  2. 2 Does the claimant meet the conditions to obtain a benefit period extension under s10(10)(a) of the Employment Insurance Act?

Ratio Decidendi

Because the claimant was confined in detention during the benefit period and pled guilty to one of the charges for which he was detained, he does not satisfy the statutory exception in s10(10)(a) of the Employment Insurance Act requiring that the claimant be 'not found guilty' of the offence(s) for which he was held; therefore his benefit period cannot be extended and he was disentitled while detained.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed.
  • Claimant is disentitled from EI benefits for the period January 31, 2021 to November 17, 2021 because he was not available for work while detained.