A group of six mothers from Quebec has secured a victory in their legal battle challenging certain provisions of the Employment Insurance Act, as per a ruling by the Federal Court of Appeal. The women contested being denied regular EI benefits after losing their jobs during or after maternity leave. The court unanimously found that these provisions were discriminatory, violating the women’s constitutional rights to equality under the law.
The court ruled that withholding regular EI job loss benefits from women who recently received maternity and parental benefits goes against section 15 of the Canadian Charter of Rights and Freedoms, which ensures equality without discrimination based on sex. All six women had given birth, received maternity and parental benefits, and lost their jobs around their leaves but were denied EI job loss benefits they would have otherwise received.
The court noted that the provisions limiting the stacking of maternity and parental benefits with job loss benefits disproportionately impact women, as only women can give birth and receive maternity benefits. The court declared the discriminatory parts of the EI Act invalid but suspended the decision for a year, giving the government time to amend the law.
The Mouvement Action Chômage de Montréal, an advocacy group supporting the mothers since 2018, welcomed the court’s decision. The group helped the mothers bring their case to the Social Security Tribunal of Canada, where they initially won in 2022 but faced an appeal by the Canada Employment Insurance Commission. The lead attorney for the applicants praised the ruling as a victory for women across Canada.
This legal battle might continue as the federal government has a 60-day window to signal its intent to appeal to the Supreme Court of Canada. The MAC de Montréal emphasized the importance of upholding equality in social programs, citing a potential appeal as a setback for not only the six women but also others facing similar challenges nationwide.