Summary of Issue: Charter

Decision 75262 Full Text of Decision 75262

The claimant was on maternity leave and was benefitting fully from this leave when she reconsidered her future and gave notice that she wished to change jobs. This change of employment resulted in certain remittances from her former employer for annual leave and other amounts. The Commission therefore allocated those amounts. The claimant would like her maternity leave benefits to be extended on the ground that she was incorrectly advised by Commission employees. The request is inconsistent with the Act. The appeal is dismissed by the Umpire.

Decision A-0118.04 Full Text of Decision A-0118.04

The Federeal Court of Appeal confirms that the EI Legislation does not discriminate against women in receipt of Québec preventif withdrawal payments and whose EI benefit rates are lower because they kept working in a secondary job. The Court found that prescribed weeks as defined in section 12(2) EIR do not single out pregnant women for any adverse treatment.

Decision 59588 Full Text of Decision 59588

Refer to summary indexed under FCA A-0118.04

Decision A-0137.01 Full Text of Decision A-0137.01

Claimant received 40 weeks of combined (15 maternity, 10 parental, 15 regular) benefits. She alleged that the legislation was discriminatory because she was not entitled to the full 40 weeks of regular benefits under Schedule I. The Federal Court of Appeal had previously ruled that the combined benefits cap was not discriminatory (Sollbach A-197.98). The Court concluded that Sollbach was still good law and dismissed the case of Ms Miller. N.B. The Supreme Court of Canada denied Ms Miller's request for leave to appeal.

Decision A-0435.00 Full Text of Decision A-0435.00

Claimant received 25 weeks of maternity and parental benefits. She returned to work but was laid off 2 months after. She was entitled to 5 weeks of regular benefits because of the 30-week cap on combined benefits. Umpire found, in light of the Canadian Human Rights Act (CHRA), that since only women can claim maternity benefits, it was discriminatory to include the weeks of maternity benefits in a calculation of the number of weeks of regular benefits to which a claimant is entitled. Referring to its decision rendered in Sollbach (A-0197.98), the FCA held that since it was not discriminatoy under the Charter, it would not be justifiable to hold it is discriminatory for the purpose of the CHRA. Commission appeal allowed.

Decision A-0197.98 Full Text of Decision A-0197.98

Claimant entitled to 27 weeks of benefits and paid 18 weeks of regular benefits and 12 weeks of maternity benefits. Alleged she should be entitled to 27 weeks of regular benefits, 15 weeks of maternity and 10 weeks of parental benefits for a total of 52 weeks. Umpire ruled that S.11 of the UIA did not transgress the provisions of S.15 of the Charter. The FCA agreed that SS.11(6) did not draw a distinction between pregnant women and others. All recipients of special benefits are subject to the 30 week limitation. The subsection is gender neutral.

Decision 23648 Full Text of Decision 23648

Maternity period as stated in ss. 18(2) is found not to allow any flexibility with respect to start and end dates. It cannot be interrupted by reason of paid sick leave. Charter argument raised and thoroughly examined with respect to extensions provided in cases of hospitalized newborn children.

Decision 22413 Full Text of Decision 22413

Claimant collected parental benefits for 10 weeks and then argued that the Act discriminates against adoptive mothers by failing to grant to them, in addition to parental benefits, the pregnancy benefits available to biological mothers. Held that no discrimination exists under s. 15 of the Charter.

Decision 22373 Full Text of Decision 22373

It has been alleged that paragraph 11(3) contravenes the Charter. Regardless of the reason why a person is entitled to special benefits, they are only payable during the initial period. Legislation deals with all these individuals equally, without distinction of gender. [The legislation has been amended since]

Decision 1493978 Full Text of Decision 1493978

Disentitlement formerly applicable in certain cases before and after childbirth. S.30 and 46 form an integral part of legislative scheme enacted for valid federal objectives dealing with conditions from which men are excluded. Inequality not created by legislation but by nature.