The provisions of the Employment Insurance Act mandate a regime based on hours worked for minimum eligibility requirements. These eligibility requirements are essential to the proper functioning and effectiveness of the insurance scheme. Although they may have a detrimental effect on claimants who are not able to meet the threshold number of hours of insurable employment, this negative effect does not overwhelmingly outweigh the positive social effects of the employment insurance scheme.
Canada (A.G.) v. Lesiuk, [2003] F.C.J. No. 1 (F.C.A.) A-281-01; application for leave to appeal to Supreme Court of Canada dismissed [2003] S.C.C. No. 94
Perigny v. Canada (A.G.),[2003] F.C.J. No. 295 (F.C.A.) A-405-01
The minimum eligibility requirements do not demean human dignity in the context of section 15 of the Charter. The requirements are not a manifestation of a lack of respect or of dignity. They are an administratively necessary tool tailored to correspond to the requirements of a viable contributory insurance scheme.
Canada (A.G.) v. Lesiuk, [2003] F.C.J. No. 1 (F.C.A.) A-281-01; application for leave to appeal to Supreme Court of Canada dismissed [2003] S.C.A. No. 94
Perigny v. Canada (A.G.),[2003] F.C.J. No. 295 (F.C.A.) A-405-01
The minimum eligibility requirements of the Act do not allow any discrepancy and provide no discretion. Neither the Board of Referees nor the Umpire can remove the defect from the claim.
Canada (A.G.) v. Levesque, [2001] F.C.J. No. 1557 (F.C.A.) A-196-01
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2009-04-29