Canada ( Attorney General ) v. Lai
A-525-97
Marceau J.A.
25/6/98
4 pp.
Application for judicial review of decision of umpire acting under Unemployment Insurance Act-Employment and Immigration Commission having discretion to impose penalty under Act, s. 33(1) for each false, misleading statement made in respect of claim for benefits-As long as Commission exercises discretionary power judicially, by taking into account all relevant considerations and without being influenced by improper ones, neither Board, umpire, Court entitled to interfere-Doubtful whether facts herein, even viewed in criminal context, could have brought into play criminal law rule that more severe penalty for second offence can be imposed only after conviction has been entered for first one-False statements not made by respondent in criminal law context, but in administrative law one-Sanctions provided by Act must be viewed not so much as punishment, but as deterrent necessary to protect whole scheme whose proper administration rests on truthfulness of beneficiaries-Position adopted by umpire, if upheld, would limit discretion to impose penalties conferred on Commission by Act, s. 33, and would defeat will of Parliament-Application allowed-Unemployment Insurance Act, R.S.C., 1985, c. U-1, s. 33(1).