In accordance with paragraph 37(b) Employment Insurance Act and section 55 of the Employment Insurance Regulations, a claimant is not entitled to receive benefits for any period during which the claimant is not in Canada, except as otherwise prescribed by the legislation. These legislative provisions are not an infringement of a claimant's mobility rights as guaranteed by subsection 6(1) of the Canadian Charter of Rights and Freedoms. While the Employment Insurance Act has the effect of disentitling claimants from receiving benefits subject to certain exceptions, the right to leave Canada is unimpaired. Subsection 6(1) of the Charter does not protect a claimant from the economic disadvantage associated with his or her choice to leave Canada for vacation purposes.
Smith v. Canada (A.G.), [2000] F.C.J. No. 174 (F.C.A.); affirmed by Supreme Court of Canada [2001] S.C.J. No. 85
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2009-04-29