CHAPTER 5
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DELIBERATIONS AND DECISION
5.7 Remedies in the Federal Court (Trial Division)
Although the normal route for challenges runs from the Board of Referees to the Umpire to the Court of Appeal, the Federal Court (Trial Division) sometimes has jurisdiction to entertain certain proceedings connected with the application of the EI Act.
First, any provision of the EI Act or Regulations may be challenged in the Trial Division on constitutional grounds. This is what happened in Schacter, where it was argued that the former s. 32 violated s. 15 of the Charter Section 15 of the Charter .645 Citation
Furthermore, the Trial Division may entertain applications for a declaratory judgment as to whether a regulation or decision is valid.646 Citation It may also hear mandamus or certiorari applications in respect of any interlocutory decision, including a decision of a chairperson on a procedural issue.647 Citation Finally, it may hear civil damage claims filed against the Commission,648 Citation for example when the claimant suffers injury from receiving misinformation from an official.649 Citation This is important because, in general, misinformation does not exempt anyone from the requirements of the Act.650 Citation The Court may also be referred to or asked for an opinion under s. 17 of the Federal Court Act Section 17 of the Federal Court Act.651 Citation