The Supreme Court of Canada has held that an administrative body which is expressly empowered by its enabling legislation to interpret or apply "all law" necessary to reach its findings, has the power to apply the Charter in order to determine whether a particular section of the legislation is without force or effect. Since the Employment Insurance Act does not expressly provide a Board of Referees with the power to consider all relevant law, the Board has no jurisdiction to address the application of the Charter. This jurisdiction is expressly conferred upon the Umpire, to whom an appeal from the Board of Referees may be made.
Tetreault-Gadoury v. C.E.I.C., [1991] 2 S.C.R. 22 (S.C.C.) File no. 21222
Douglas/Kwantlen Faculty Assn. v. Douglas College, [1990] 3 S.C.R. 570 (S.C.C.) File no. 20800
Cuddy Chicks Ltd. v. Ontario (Labour Relations Board), [1991] 2 S.C.R. 5 (S.C.C.) File no. 21675
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2009-04-29