The following excerpt is from Poirier v. Canada (Minister of Veterans Affairs), 1989 CanLII 5208 (FCA), [1989] 3 FC 233:
I purposely refrain from mentioning the judgments rendered in Zwarich v. Canada (A.-G.), [1987] 3 F.C. 253, 87 C.L.L.C. ¶14,053, 31 C.R.R. 244, and Nixon v. Canada Employment & Immigration Comm. (A-649-86 and A-728-86 dated December 14, 1987 [now reported 33 C.R.R. 144, 8 A.C.W.S. (3d) 96]). The statements therein to the effect that an umpire and a board of referres acting pursuant to the Unemployment Insurance Act, 1971 must refuse to apply statutory provisions which they judge to be unconstitutional, categoric as these statements may be, are merely obiter dicta.
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