EMPLOYMENT INSURANCE |
Canada (Attorney General) v. Gray
A-46-03
2003 FCA 464, Stone J.A.
2/12/03
6 pp.
Judicial review of decision of Umpire under Employment Insurance Act (Act), allowing appeal from Board of Referees' decision--After noting Board had failed to consider respondent's hardship argument in dismissing appeal from penalty imposed for knowingly failing to declare all earnings, Umpire turned for guidance to decisions decided under federal criminal statutes (in fixing amount of fine, judge obliged to consider accused's ability to pay)--Umpire not allowed to import criminal law principles because Umpire in administrative law context--Whether umpire can require board of referees to consider inability to pay factor--Board of referees may take into account any mitigating circumstance surrounding knowingly making of false statement--Whether same principle applies where asserted "mitigating circumstances" arose not at time false statement knowingly made but only subsequently as result of imposition of penalty under Act, s. 38(1)--Board of Referees did possess authority to vary penalty in exceptional circumstances--Apparent Board of Referees did not turn its mind to hardship argument, resulting in failure to exercise jurisdiction--Judicial review allowed--Employment Insurance Act, S.C. 1996, c. 23 s. 38(1).