Federal Court Decision #A-372-96 - DANIEL, GEORGES v. COMMISSION, THE DEPUTY ATTORNEY GENERAL OF CANADA

JUDGMENT OF THE FEDERAL COURT OF APPEAL

Date:
October 30, 1996

Docket:
A-372-96

Umpire's Decision:
CUB 33154

"TRANSLATION"

CORAM:

THE HONOURABLE MR. JUSTICE HUGESSEN
THE HONOURABLE MADAME JUSTICE DESJARDINS
THE HONOURABLE MR. JUSTICE DÉCARY

BETWEEN:

DANIEL GEORGES,

applicant,

- and -

CANADA EMPLOYMENT AND
IMMIGRATION COMMISSION,

respondent,

- and -

DEPUTY ATTORNEY GENERAL OF CANADA,

mis-en-cause.

REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench at Montréal
on Wednesday, October 30, 1996)

DÉCARY J.A:

In subsection 26(8) ¹ of the Unemployment Insurance Act, Parliament has expressly provided that the Commission's decision referring or refusing to refer a claimant to a course mentioned in subsection 26(1) ² of that Act is not subject to appeal to a board of referees or umpire. Accordingly, the board of referees, the umpire and this Court sitting on judicial review from the umpire's decision do not have jurisdiction to hear a challenge to the Commission's decision on the ground that the applicant was discriminated against within the meaning of section 15 of the Canadian Charter of Rights and Freedoms. The applicant should have applied to another forum.

The application for judicial review will be dismissed.

"Robert Décary"

J.A.

¹ 26(8) No decision referring or refusing to refer a claimant to a course or program mentioned in subsection (1) is subject to appeal under section 79 or 80

² 26(1) For the purposes of this Part, a claimant is unemployed, capable of and available for work during any period he is attending a course or program of instruction or training, or other courses or programs designed to facilitate the re-entry of a claimant into the employed labour force, to which he has been referred by such authority as the Commission may designate.