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Decision
[1] The Tribunal refuses leave to appeal to the Appeal Division of the Social Security Tribunal.
Introduction
[2] On March 16, 2015, the Tribunal’s General Division found that:
- - Denying compassionate care benefits under section 23.1 of the Employment Insurance Act (the Act) was justified.
[3] On April 15, 2015, the Applicant filed an application for leave to appeal with the Appeal Division.
Issue
[4] The Tribunal must decide whether the appeal has a reasonable chance of success.
The law
[5] According to subsections 56(1) and 58(3) of the Department of Employment and Social Development Act, “an 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 “leave to appeal is refused if the Appeal Division is satisfied that the appeal has no reasonable chance of success.”
Analysis
[7] In accordance with subsection 58(1) of the Department of Employment and Social Development Act, the only grounds of appeal are that:
- (a) the General Division failed to observe a principle of natural justice or otherwise acted beyond or refused to exercise its jurisdiction;
- (b) the General Division erred in law in making its decision, whether or not the error appears on the face of the record; or
- (c) the General Division based its decision on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for the material before it.
[8] A leave to appeal proceeding is a preliminary step to a hearing on the merits. It is a first hurdle for the Applicant to meet, but it is lower than the one that must be met on the hearing of the appeal on the merits. At the leave stage, the Applicant does not have to prove the case.
[9] The Tribunal will grant leave to appeal if it is convinced that one of the aforementioned grounds of appeal has a reasonable chance of success.
[10] This means that the Tribunal must be in a position to determine, in accordance with subsection 58(1) of the Department of Employment and Social Development Act, whether there is a question of law, fact or jurisdiction whose response might justify setting aside the decision under review.
[11] Given the foregoing, does the Applicant’s appeal have a reasonable chance of success?
[12] In her application for leave to appeal, the Applicant argues that the points of law applied by the General Division take into account only family situations involving people of Canadian origin with Canadian values and customs. She argues that her parents live abroad. She feels that she has the same right as all Canadians to go to help them when they are sick.
[13] After reviewing the application for leave to appeal, the Tribunal noted that the Applicant seems to be raising an argument under the Canadian Charter of Rights and Freedoms.
[14] On June 23, 2015, correspondence was sent to the Applicant to have her confirm in writing to the Tribunal whether she was invoking a provision of the Charter. If so, the Tribunal informed the Applicant that she had to comply with section 20 of the Social Security Tribunal Regulations.
[15] The Tribunal did not receive a response from the Applicant.
[16] It is not for the Member, who must determine whether the appeal should proceed, to clarify the grounds of appeal or to assess or reweigh the evidence put before the General Division.
[17] Since the Applicant did not raise any question of law, fact or jurisdiction whose response might justify setting aside the decision under review, the Tribunal has no choice but to conclude that the appeal has no reasonable chance of success.
Conclusion
[18] Leave to appeal is refused.