UNEMPLOYMENT INSURANCE |
Smith v. Canada (Attorney General)
A-401-99
Décary J.A.
9/2/00
3 pp.
Application for judicial review of Umpire's decision dismissing appeal from CUIC ordering, pursuant to UI Act, s. 32(b), repayment of benefits received while out of Canada in 1995, based on information disclosed in Customs Declaration Form E-311 completed by applicant on return to Canada from 2-week trip abroad--Applicant argued providing E-311 information to CUIC contravened Charter, s. 8 protection against unreasonable seizure and Charter, s. 6 mobility rights--Application dismissed--Travelling Canadian residents cannot be said to have held reasonable expectation of privacy in relation to Form E-311 information, which would outweigh government's interest in enforcing laws disentitling UI claimants from receiving benefits while outside Canada--Disclosure of E-311 information herein not in violation of Charter, s. 8--Furthermore, while Act, s. 32(b) having effect of disentitling UI beneficiaries from receiving benefits subject to certain exceptions, right to leave Canada unimpaired--Appellant free to enter, remain in and leave Canada at discretion--Charter, s. 6 not protecting applicant from economic disadvantage associated with choice to leave Canada for vacation purposes-- Unemployment Insurance Act, R.S.C., 1985, c. U-1, s. 32(b) (as am. by S.C. 1990, c. 40, s. 24)--Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], ss. 6, 8.