Morin v. Canada ( Employment and Immigration Commission )
A-453-95
Décary J.A.
1/4/96
8 pp.
Application for judicial review of Umpire's decision dismissing appeal from decision of Canada Employment and Immigration Commission-Applicant had made six false or misleading statements and Commission imposed penalty of $1,690-At board of referees, applicant asserted she was under medical care at time and awaiting major surgical operation-Neither board of referees nor Umpire questioned amount of penalty-Application for judicial review allowed-Confusion between standards tribunal must apply when asked to review exercise of discretion and type of order it may make once decides to intervene-When board of referees and Umpire have jurisdiction and are of opinion intervention warranted, they have power to make decision Commission should have made, regardless of whether decision characterized as arbitrary.