EMPLOYMENT INSURANCE |
Charbonneau v. Canada (Attorney General)
A-699-02
2004 FCA 61, Décary J.A.
10/2/04
7 pp.
Judicial review of decision by Umpire that applicant not unemployed during period at issue and knowingly made false statements--Canada (Attorney General) v. Jouan (1995), 179 N.R. 127 (F.C.A.) crucial turning point, establishing factor of "time spent" as "most important" factor--Claimant not unemployed if, all the while receiving payments, merely says available to work and does not undertake serious, real steps to find work--"Time" factor and "intention and willingness" factor of utmost importance--Claimant not having time to work or not actively seeking work should not benefit from Employment Insurance system--In this case, Board of Referees made palpable and overriding errors in concluding that devoting some 40 hours per week to business for nine months and not seeking any employment during period not sufficient to disentitle claimant--As for penalties and notice of violation, Board of Referees rescinded penalties and notice of violation on grounds that claimant made false statements based on explanation given to him by Commission employee--Umpire set aside this decision--Umpire seems to believe once statement false, statement made knowingly-- Significant error, Umpire ought to have determined whether Board of Referees erred by relying on explanation obtained from official when determined false statement not made knowingly--In short, Umpire did not justify intervention--On basis that claimant not eligible, but penalties and notice of violation unfounded, application for judicial review allowed in part--Employment Insurance Regulations, SOR/96-332, s. 30(2).