Date:
20021120
Docket:
A‑138‑01
Neutral
citation: 2002 FCA 460
CORAM: RICHARD C.J.
DÉCARY J.A.
NOËL J.A.
BETWEEN:
THE
ATTORNEY GENERAL OF CANADA
Plaintiff
and
GISÈLE
GAGNON
Defendant
Hearing
held at Québec, Quebec, on November 20, 2002.
Judgment from the
bench at Québec, Quebec, on November 20, 2002.
REASONS FOR JUDGMENT OF THE COURT BY: NOËL
J.A.
Date:
20021120
Docket:
A‑138‑01
Neutral
citation: 2002 FCA 460
CORAM: RICHARD C.J.
DÉCARY J.A.
NOËL J.A.
BETWEEN:
THE
ATTORNEY GENERAL OF CANADA
Plaintiff
and
GISÈLE
GAGNON
Defendant
REASONS
FOR JUDGMENT OF THE COURT
(Delivered
from the bench at Québec, Quebec,
on
November 20, 2002
NOËL J.A.
[1]
This is an application for judicial review of a decision (CUB
50 469) by the umpire on February 5, 2001, dismissing the appeal
by the Employment Insurance Commission from a decision of the board of
referees.
[2]
The claimant admitted before the board of referees that she failed to
report a work colleague’s fraud to the Canada Customs and Revenue Agency. In so
doing, she infringed the employer’s code of conduct.
[3]
She was suspended and the Commission deprived her of benefits on the
ground that her suspension resulted from her own misconduct.
[4]
The board of referees and the umpire subsequently found that the
claimant’s omission was excusable in the circumstances. It was also established
that in each of these cases the claimant had failed to report her colleague
contrary to the provisions of the code of conduct applicable to her, and that
in so doing she had acted knowingly.
[5]
Since the uncontradicted facts established quite clearly that the
claimant intended not to report the fraud, this is quite certainly misconduct
within the meaning of the Employment Insurance Act and however
praiseworthy the claimant’s reasons might be they do not change the act in
question into anything but misconduct within the meaning of the said Act.
[6]
The application for judicial review will be allowed, the decision of the
umpire set aside and the matter referred back to the chief umpire or his
delegate to be again decided on the basis that the claimant was excluded from
benefits on account of her misconduct. No costs will be awarded.
|
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“Marc
Noël”
Judge
|
Certified true translation
Suzanne M. Gauthier, C. Tr.,
LL.L.
|
|
FEDERAL COURT OF CANADA
APPEAL DIVISION
Date:
20021120
Docket:
A‑138‑01
Between:
THE ATTORNEY GENERAL OF CANADA
Plaintiff
and
GISÈLE GAGNON
Defendant
REASONS FOR JUDGMENT OF THE COURT
|
FEDERAL
COURT APPEAL DIVISION
NAMES OF COUNSEL AND
SOLICITORS OF RECORD
COURT
FILE No.: A‑138‑01
STYLE
OF CAUSE: THE ATTORNEY GENERAL OF
CANADA
and
GISÈLE GAGNON
PLACE
OF HEARING: Québec, Quebec
DATE
OF HEARING: November 20, 2002
REASONS FOR JUDGMENT
OF THE
COURT BY: Noël J.A.
CONCURRED
IN BY: Richard C.J.
Décary J.A.
DATED: November
20, 2002
APPEARANCES:
Chantal
Sauriol for the plaintiff
SOLICITORS OF RECORD:
DEPARTMENT
OF JUSTICE for the defendant
Montréal, Quebec
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