Employment Insurance (EI)

Decision

[1] The Tribunal grants leave to appeal to the Appeal Division of the Social Security Tribunal.

Introduction

[2] On February 9, 2015, the Tribunal’s General Division found that:

• - The Applicant’s employment earnings had to be dealt with under subsection 21(3) of the Employment Insurance Act (“the Act”).

[3] The Applicant filed an application for leave to appeal to the Appeal Division on March 11, 2015.

Issue

[4] The Tribunal must determine whether the appeal has a reasonable chance of success.

The law

[5] As stated in subsections 56(1) and 58(3) of the Department of Employment and Social Development Act, “[a]n appeal to the Appeal Division may only be brought if leave to appeal is granted” and the Appeal Division “must either grant or refuse leave to appeal”.

[6] Subsection 58(2) of the Department of Employment and Social Development Act provides that “[l]eave to appeal is refused if the Appeal Division is satisfied that the appeal has no reasonable chance of success”.

Analysis

[7] Under subsection 58(1) of the Department of Employment and Social Development Act, the only grounds of appeal are that:

1. (a) the General Division failed to observe a principle of natural justice or otherwise acted beyond or refused to exercise its jurisdiction;
2. (b) the General Division erred in law in making its decision or order, whether or not the error appears on the face of the record; or
3. (c) the General Division based its decision or order on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for the material before it.

[8] In her application for leave to appeal, the Applicant submits that the General Division failed to observe a principle of natural justice, acted beyond its jurisdiction or refused to exercise its jurisdiction.

[9] She challenges subsection 21(3) of the Act, since, she argues, it is contrary to section 7 of the Canadian Charter of Rights and Freedoms (“the Charter”) , which guarantees “Life, liberty and security of person”. She also raises the application of section 15 of the Charter.

[10] After reviewing the file and the application for leave to appeal, the Tribunal finds that the appeal has a reasonable chance of success. The Applicant has raised a question of jurisdiction the answer to which may lead to the setting aside of the decision challenged.

Conclusion

[11] The Tribunal grants leave to appeal to the Appeal Division of the Social Security Tribunal.