A-543-79
Sophia Marchak (Appellant) (Plaintiff)
v.
Attorney General of Canada and L. W. Munro
(Respondents) (Defendants)
Court of Appeal, Heald and Urie JJ. and Maguire
D.J.—Winnipeg, April 30, 1980.
Unemployment insurance — Canadian Bill of Rights not
contravened by s. 95(c)(ii) of the Unemployment Insurance Act,
1971, which provides for an appeal to the umpire from a
decision of a board of referees by claimant or claimant's
employers only with leave of chairman of board of referees in
any case other than where board's decision not unanimous —
Unemployment Insurance Act, 1971, S.C. 1970-71-72, c. 48, s.
95(c)(ii) — Canadian Bill of Rights, S.C. 1960, c. 44 [R.S.C.
1970, Appendix III].
APPEAL.
COUNSEL:
C. Birks and Mr. Klassen for appellant
(plaintiff).
B. J. Meronek for respondents (defendants).
SOLICITORS:
Charles Birks, Winnipeg, for appellant
(plaintiff).
Deputy Attorney General of Canada for
respondents (defendants).
The following are the reasons for judgment of
the Court rendered in English by
HEALD J.: We are all of the opinion that the
learned Trial Judge [[1980] 1 F.C. 3] was correct
in deciding that section 95(c)(ii) of the Unemploy
ment Insurance Act, 1971, S.C. 1970-71-72, c. 48,
does not abrogate, abridge or infringe the provi
sions of the Canadian Bill of Rights, S.C. 1960, c.
44 [R.S.C. 1970, Appendix III] and is accordingly
validly enacted federal legislation.' The appeal is
therefore dismissed.
' For a similar decision on said section 95(c)(ii) by the Court,
see Cornish-Hardy v. Chairman of the Board of Referees—
Court file A-309-78, Nov. 27, 1978.
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.