Appeals – Charter and Constitutional Issues
Effective date: October 1, 2005
Application: All appeals and challenges involving the Charter and/or Constitution.
Policy subject: Reconsiderations and appeals
To establish guidelines for responding to appeals based on the Charter and/or Constitution.
- WCB establishes its authority under POL 05/2005 to hear and determine appeals based on the Charter and/or Constitution and the body to which appeals of this nature must be directed.
- The following procedure provides guidelines where appeals of this nature are directed to WCB.
- All customers appealing a WCB decision based upon bona fide Charter/Constitutional grounds are required to submit a written request to an Assistant to the Board.
- The Assistant to the Board will forward the customer’s written request for an appeal and any other relevant documentation (i.e., customer file) to the Board Members.
- The written request must contain the specific section(s) of the Charter and/or Constitution upon which the customer is basing their appeal and specifically how the customer believes their Charter/Constitutional rights have been denied.
A customer must state, that “[Policy # and Title] infringes upon Section 15 of the Charter as it discriminates against me on the basis of [age, disability, etc.]” The written request must also outline their rationale as to how the specific WCB policy infringes upon the customer’s rights under Section 15 of the Charter.
It will not suffice for a customer to write: “The WCB rejected my claim and therefore my Charter/Constitutional rights have been violated.”
- All bona fide Charter/Constitutional issues directed to the Board Members will be acknowledged in writing, and include an outline of the bona fide Charter/Constitutional issues involved, with copies to all interested parties.
- Where a customer appeals a WCB decision to the Appeals Department, in whole or in part, based upon a bona fide Charter/Constitutional issue, the following will occur:
- The Appeals Department shall inform the customer in writing that only Board Members have the jurisdiction to decide such issues. The appeal will be forwarded to an Assistant to the Board.
- Where there are other grounds set out in the customer’s written appeal request unrelated to the Charter/Constitution, the Appeals Department will rule on the issue, following the normal appeals process under POL 21/2013.
- Should the appeal be allowed, there will be no need for the Charter/Constitutional question(s) to be heard by the Board Members.
- If, however, the appeal is rejected, the customer has the opportunity to appeal that decision to the Board Members in the same manner as any other appeal.
- Where there is any uncertainty as to whether the customer has raised a bona fide Charter/Constitutional issue, the Appeals Department is to seek advice from Legal Services.
- Where a customer challenges the constitutional validity of provisions within the Act itself, the WCB may provide notice of the challenge to the Attorney General of Saskatchewan in accordance with The Constitutional Questions Act, 2012, and if appropriate, the Attorney General of Canada. Charter/Constitutional challenges to the Act are to be dealt with in the same manner as any other such challenge to WCB policies.