The legislation sets up a scheme of insurance against the loss of earnings arising from unemployment. In determining the entitlement to benefit, therefore, it does not take into consideration income received by a claimant from sources other than employment. Insofar as group insurance plans are normally linked with employment it is normal to consider that payments received under those plans arise, albeit indirectly, from the claimant's employment. The same thing cannot be said of the payments received under private insurance plans. Accordingly, the provisions of the legislation which treat claimants who received payment under a wage-loss group insurance plan differently from those who receive identical payment under a private insurance plan do not contravene section 15 of the Canadian Charter of Rights and Freedoms.
Robinson v. Canada (A.G.), [1987] F.C.J. No. 539 (F.C.A.)
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2009-04-28