Claimants may challenge the constitutional validity of a section or sections of the Employment Insurance Act or Regulations on the grounds that they violate one of the rights and freedoms guaranteed by the Canadian Charter of Rights and Freedoms.
Canadian Charter of Rights and Freedoms
The Board of Referees has no jurisdiction to address the application of the Charter. That jurisdiction is expressly given to the Umpire.
Cuddy Chicks Ltd. v. Ontario (Labour Relations Board), [1991] 2 S.C.R. 5 (S.C.C.) File no. 21675 Judgement Of The Supreme Court Of Canada
Tetreault-Gadoury v. C.E.I.C., [1991] 2 S.C.R. 22 (S.C.C.) File no. 21222 Judgement Of The Supreme Court Of Canada
Douglas/Kwantlen Faculty Assn. v. Douglas College, [1990] 3 S.C.R. 570 (S.C.C.) File No. 20800 Judgement Of The Supreme Court Of Canada
Where a claimant or other party involved in an appeal before an Umpire wishes to rely upon the Charter to attack the constitutional validity of a section or sections of the legislation, that party is required to provide notice to the Attorney General of Canada and the Attorney Generals of the Provinces, at least ten (10) days prior to a hearing before the Umpire. In accordance with Rule 301.1 of the Federal Court Rules, notice of a constitutional question under section 57 of the Federal Court Act is to be substantially the same form as set out in the Appendix of the Act.