The Tribunal Proceedings Relating to Employment Insurance
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By Patrice Garant
and Philippe Garant
December, 2001
TABLE OF CONTENTS
- 1.1.1.1 A True Tribunal A True Tribunal
1.1.1.2 An Appeal Tribunal An Appeal Tribunal
1.1.1.3 A Statutory Tribunal A Statutory Tribunal
1.1.1.4 Charters of Rights Charters of Rights
1.1.1.5 The Adversarial Principle: the Rules of Natural Justice The Adversarial Principle: the Rules of Natural Justice
1.1.1.6. Rehearing or Self-Review Rehearing or Self-Review
- 1.1.2.1.1 Individual Independence Individual Independence
1.1.2.1.2 Institutional Independence Institutional Independence
- 1.1.3.1 Speed and Efficiency Speed and Efficiency
1.1.3.2 An Inquisitorial Process An Inquisitorial Process
1.1.3.3 The Tribunal is Master of the Procedure The Tribunal is Master of the Procedure
1.1.3.4 Specific Role of the Chairperson Specific Role of the Chairperson
1.1.3.5 Appropriate Rules of Evidence Appropriate Rules of Evidence
1.1.3.6 Representation Representation
1.1.3.7 Publicity and In Camera Proceedings Publicity and In Camera Proceedings
- 1.2.1 Equal Representation Equal Representation
1.2.2 Collegiality and Quorum Collegiality and Quorum
1.2.3 Social and Economic Objective of the Act Social and Economic Objective of the Act
- 2.3.1 Objection to the Tribunal's Jurisdiction Objection to the Tribunal's Jurisdiction
2.3.2 The Appeal is Late The Appeal is Late
2.3.3 Motion for Adjournment Motion for Adjournment
2.3.4 Motion to Recuse or Disqualify Motion to Recuse or Disqualify
2.3.5 Motions on Linguistic Grounds Motions on Linguistic Grounds
- 3.1 Nature of Proof Nature of Proof
3.2 Burden of Proof Burden of Proof
3.3 Admissibility of Evidence Admissibility of Evidence
- 3.3.1 Judicial Notice Judicial Notice
3.3.2 Evidence obtained under conditions that bring the administration of justice into disrepute Evidence obtained under conditions that bring the administration of justice into disrepute
3.3.3 The public interest administrative privilege The public interest administrative privilege
3.3.4 Profesional and medical secrecy Profesional and medical secrecy
3.3.5 Self-incriminating testimony Self-incriminating testimony
3.3.6 Hearsay Hearsay
- 3.4 Types of Evidence Types of Evidence
- 3.4.1 Writings (documentary evidence) Writings (documentary evidence)
3.4.2 Testimony Testimony
3.4.3 Presumptions Presumptions
3.4.4 Admissions Admissions
3.4.5 Physical Evidence Physical Evidence
- 3.5 Relevance of Evidence Relevance of Evidence
3.6 Disclosure of Evidence Disclosure of Evidence
3.7 Weight or Probative Value Weight or Probative Value
- 3.7.1 The weight to be given to writings or documentary evidence The weight to be given to writings or documentary evidence
3.7.2 The weight to be given to testimony The weight to be given to testimony
- 3.7.2.1.1 Examination in chief Examination in chief
3.7.2.1.2 Cross-examination Cross-examination
3.7.2.1.3 The role of the tribunal The role of the tribunal
3.7.2.1.4 Reply evidence Reply evidence
- 3.7.4 Probative value of admissions Probative value of admissions
3.7.5 Probative value of physical evidence Probative value of physical evidence
- 4.1 Statute-based Rules of Interpretation Statute-based Rules of Interpretation
4.2 Rules of Interpretation in the Case Law Rules of Interpretation in the Case Law
- 4.2.1 Ordinary Meaning or Literal Construction Rule Ordinary Meaning or Literal Construction Rule
4.2.2 The Systematic and Logical Approach The Systematic and Logical Approach
4.2.3 Purposive Analysis Purposive Analysis
- 5.3 Amending or Rehearing of Decisions Under S. 120 of the Act Amending or Rehearing of Decisions Under S. 120 of the Act
5.4 Rehearing or Hearing de Novo by Order of an Umpire Rehearing or Hearing de Novo by Order of an Umpire
5.5 Appeals to the Umpire Appeals to the Umpire
5.6 Judicial Review Before the Federal Court of Appeal Judicial Review Before the Federal Court of Appeal
5.7 Remedies in the Federal Court (Trial Division) Remedies in the Federal Court (Trial Division)
- Appendix: Case Law Summaries