Canada ( Minister of Employment and Immigration ) v. O'Brien
A-1166-91
MacGuigan J.A.
8/9/93
3 pp.
S. 28 application to set aside adjudicator's decision -- Respondent American citizen authorized to work in Canada as treasurer of Detroit/Windsor Tunnel Company ("tunnel company") -- During strike by employees of Canadian company, engaged in collecting tolls, inspecting vehicles for hazardous materials and safeguarding tolls collected -- Common practice, allowable by law, for supervisors to fill in for striking workers -- Respondent facing discharge for failing to do so -- Canadian company wholly owned subsidiary of tunnel company -- Respondent treasurer of both companies -- In performing duties in Canada, respondent continued to work for American employer, therefore acting within employment authorization-Use of Canadian Classification and Dictionary of Occupations questionable -- Document having no legal status in Immigration Act or Regulations, vague and imprecise, unsatisfactory as arbitrary definition of occupations -- Application dismissed.