Confédération des syndicats nationaux v. Canada ( Employment Insurance Commission )
T-2586-97
Morneau P.
3/2/98
10 pp.
Application for judicial review against employment insurance scheme as established by Employment Insurance Act-Two motions before Court in relation to application-In first motion, applicant relying on Federal Court Act, s. 18.4(2) to have its application treated and proceeded with as an action-In second motion, respondents seeking dismissal of applicant's application on ground application not relating to particular decision, order or matter-Applicant seeking declaratory judgment against number of general actions of respondents-Those actions, allegedly both illegal and unconstitutional, consist of fact respondents allegedly approved, used and allocated surpluses in employment insurance account for purposes other than paying benefits-For application for judicial review to Federal Court, certain basic requirements must be met which are more than mere questions of procedure-It must first relate to decision or order of federal board, commission or tribunal under Federal Court Act, ss. 18(1) and 18.1(2)-Application not identifying specific provisions of Employment Insurance Act-Appears to identify primary and sole source of its attack as lying directly in those legislative provisions and not in terms of decision of federal board, commission or tribunal-This part of application cannot be seen as resulting from decision of federal board, commission or tribunal-Entire application should be dismissed for that reason alone-Application relating to number of acts by executive without ever really identifying one by its date and details-Application fails to comply with requirements for judicial review application and should be dismissed-Respondent's motion to dismiss allowed-Federal Court Act, R.S.C., 1985, c. F-7, ss. 18(1) (am. by S.C. 1990, c. 8, s. 4), 18.1(2) (as enacted, idem, s. 5), 18.4(2) (as enacted, idem)-Employment Insurance Act, S.C. 1996, c. 23.