EMPLOYMENT INSURANCE |
Canada (Attorney General) v. Petryna
A-773-00
2002 FCA 44, Evans J.A.
30/1/02
5 pp.
Application for judicial review of Umpire's decision dismissing appeal from Board of Referees' decision holding respondent worked sufficient hours to be eligible for employment insurance benefits--Whether, on appeal against refusal of benefits for insufficient hours, Board of Referees, Umpire can suspend extra hours penalty imposed by Commission pending determination of appeal against penalty itself--In view of statutory silence on issue, Board resorted to presumption of innocence in concluding Commission erred in refusing respondent's benefits as not worked for number of hours stipulated in Commission's penalty--Commission arguing neither Board, nor Umpire has discretion to suspend operation of penalty imposed by Commission, statutory decision-makers may only exercise powers Parliament conferred upon them--Commission correct--No general legal principle administrative tribunal to which decision appealed may suspend decision, related decision, pending final disposition of outstanding appeal--In absence of legal principle against which to interpret Employment Insurance Act, in presence of limited express statutory powers to suspend Commission's decisions, enabling provisions governing Board of Referees, Umpire should be interpreted in light of principle administrative tribunals have only such powers as legislature conferred upon them--Principle of criminal justice person presumed innocent until proved guilty not applicable when Commission exercised power to impose administrative penalty on person whom it believes in breach of statutory duty--Application allowed--Employment Insurance Act, S.C. 1996, c. 23.