EMPLOYMENT INSURANCE |
Doblej v. Canada (Employment Insurance Commission)
A-274-03
2004 FCA 19, Rothstein J.A.
21/1/04
8 pp.
Judicial review of Umpire's decision honorarium received by applicant for serving as Indian band councillor remuneration from employment needing to be deducted from employment insurance benefits--Umpire addressed whether applicant's position constituted employment--Definition of "employment" found in Employment Insurance Regulations, s. 35(1)(c), referring to tenure of "office", as defined in Canada Pension Plan (CPP), s. 2(1)--Umpire finding fact applicant elected sufficient to bring her within CPP, s. 2(1)-- Applicant submitted position as band councillor did not "entitle" her to $500 per month--Umpire concluded word "entitling" in CPP, s. 2(1) only requires expectation payments will be made and received--Here, given consistency of amounts and regularity of payment, honorarium expected to be paid by Band and received by councillors--Open to Umpire to so conclude based on evidence--Whether taking honorarium into account contrary to Indian Act (IA), s. 89(1) --Accepted amounts received situated on reserve--Read in context, words of IA, s. 89(1) protect property of Indian situated on reserve from being taken away--By contrast, deduction of earnings under Employment Insurance Act has effect of reducing benefits payable under insurance scheme-- Benefits reduced, not payments from Band taken away-- Purpose of s. 89(1) protection of property of Indian on reserve so not eroded by ability of creditors to seize--Application dismissed--Employment Insurance Regulations, SOR/96-332, s. 35(1)(c) "employment"--Canada Pension Plan, R.S.C., 1985, c. C-8, s. 2(1) "office"--Indian Act, R.S.C., 1985, c. I-5, s. 89(1) (as am. by R.S.C., 1985 (4th Supp.), c. 17, s. 12)--Employment Insurance Act, S.C. 1996, c. 23.