| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
insurability |
number of hours |
|
Summary:
Because of a strike, the claimant failed to qualify for maternity benefits as she had only accumulated 160 hours of insurable employment in her qualifying period. She argues that her equality rights under S. 15 of the Charter are violated and she maintains that she is being discriminated against on the basis of gender. Held that all claimants for regular or special benefits, irrespective of gender, are treated in the same manner by the EIA. No claimant, male or female, is entitled to benefits if they fail to have sufficient hours of insurable employment in their qualifying period as a result of a stoppage of work attributable to a labour dispute.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
qualifying period |
extension |
labour dispute |
Summary:
Given that the right to strike in not constitutionally protected, the failure of the EIA to include a strike or a lockout as a ground for extending a claimant's qualifying period cannot be seen as an infringement of the right to associate as guaranteed by section 2(d) of the Charter. Parliament's decision not to extend the qualifying period of claimants in those circumstances does not interfere with the freedom of those claimants to associate in a trade union.
