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Income Security Advocacy Centre

Income Security Advocacy Centre

ISAC works to address issues of income security and poverty in Ontario

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Challenge to deduction of pregnancy benefit weeks from regular EI benefit entitlement (Miller v. Attorney General of Canada)

September 9, 2014

Ms. Miller challenged the reduction in the regular benefit period for Employment Insurance (EI) claimants who have previously received special benefits such as maternity, parental or disability benefits. She argued that this automatic reduction violated the right to equality found in the Canadian Charter of Rights and Freedoms by discriminating against pregnant women and working parents; it penalized these groups for needing to access special benefits by reducing the time available to look for work.

ISAC was granted the right to intervene in the case before the Federal Court of Appeal. The basis of ISAC’s intervention was to ensure that the Court was apprised of the impact of the benefit restriction for low income unemployed parents forced to rely on social assistance where EI was not available.

The Federal Court of Appeal delivered its judgment in October 2002, and, disappointingly, dismissed Ms. Miller’s appeal, holding that the reduction in the regular benefit period is not a violation of the Charter. Leave to appeal this decision to the Supreme Court of Canada was denied.

– September 12, 2014

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1500 – 55 University Avenue, Toronto, ON M5J 2H7
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This site contains general legal information for people in Ontario, Canada. It is not intended to be used as legal advice for a specific legal problem. ISAC is a not-for-profit, non-partisan organization. ISAC is funded by Legal Aid Ontario (LAO). The funding for this website is also provided by LAO. The views expressed in any of ISAC’s publications (including written, oral, or visual) are the views of the clinic and do not necessarily reflect those of LAO.