Federal Court of Appeal Decisions

Decision Information

Decision Content


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


 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.