Date: 19980427
Docket: A-207-97
CORAM: STRAYER, J.A.
DESJARDINS, J.A.
MCDONALD, J.A.
BETWEEN:
CLAUDE CONSTANTINEAU
Applicant
- and -
THE ATTORNEY GENERAL OF CANADA
Respondent
Heard at Vancouver, British Columbia, April 27, 1998
Judgment delivered at Vancouver, British Columbia, April 27, 1998
REASONS FOR JUDGMENT BY: STRAYER, J.A.
Date: 19980427
Docket: A-207-97
CORAM: STRAYER, J.A.
DESJARDINS, J.A.
MCDONALD, J.A.
BETWEEN:
CLAUDE CONSTANTINEAU
Applicant
- and -
THE ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT
(Delivered orally from the Bench at
Vancouver, B.C. on April 27, 1998)
STRAYER, J.A.
[1] We reserved on the issue of whether a notice of a constitutional question was required, and proceeded to hear counsel for the applicant on the substance of his application for judicial review.
[2] Having done so, we are all of the view that notice was required under section 57 of the Federal Court Act, and in the absence of such notice the Court has no jurisdiction to entertain this application. The sole object of the application is to restrict by reason of section 7 and paragraph 10(b) of the Charter, the operation of section 41 of the Unemployment Insurance Act. However, we are also all of the view that the application is otherwise without merit and that the learned Umpire was correct in concluding as he did.
[3] The application for judicial review will therefore be dismissed.
(Sgd.) "B.L. Strayer"
J.A.
Vancouver, British Columbia
April 27, 1998
FEDERAL COURT OF APPEAL
Date: 19980427
Docket: A-207-97
BETWEEN:
CLAUDE CONSTANTINEAU
Applicant
AND
ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DATED: April 27, 1998
COURT NO.: A-207-97
STYLE OF CAUSE: CLAUDE CONSTANTINEAU
v.
ATTORNEY GENERAL OF CANADA
PLACE OF HEARING: Vancouver, BC
DATE OF HEARING: April 27, 1998
REASONS FOR JUDGMENT OF THE COURT BY: STRAYER, J.A.
CONCURRED IN BY: DESJARDINS, J.A.
MCDONALD, J.A.
APPEARANCES:
Mr. D.M.D. Stewart for Applicant
Ms. Leigh Taylor for Respondent
SOLICITORS OF RECORD:
Swinton & Co. for Applicant
Vancouver, BC
George Thomson for Respondent
Deputy Attorney General
of Canada
Email this Content