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Canada ( Minister of Employment and Immigration ) v. O'Brien

A-1166-91

MacGuigan J.A.

8/9/93

3 pp.

S. 28 application to set aside adjudicator's decision -- Respondent American citizen authorized to work in Canada as treasurer of Detroit/Windsor Tunnel Company ("tunnel company") -- During strike by employees of Canadian company, engaged in collecting tolls, inspecting vehicles for hazardous materials and safeguarding tolls collected -- Common practice, allowable by law, for supervisors to fill in for striking workers -- Respondent facing discharge for failing to do so -- Canadian company wholly owned subsidiary of tunnel company -- Respondent treasurer of both companies -- In performing duties in Canada, respondent continued to work for American employer, therefore acting within employment authorization-Use of Canadian Classification and Dictionary of Occupations questionable -- Document having no legal status in Immigration Act or Regulations, vague and imprecise, unsatisfactory as arbitrary definition of occupations -- Application dismissed.

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