Canada Federal Court rules EI denial for mothers unconstitutional

The Federal Court of Appeal has ruled that denying employment insurance (EI) job loss benefits to women who recently received maternity and parental benefits is unconstitutional. A three-judge panel ruled in favor of six women from Quebec who were denied regular EI benefits after being laid off during or shortly after their maternity leaves.

The court found that certain provisions of the Employment Insurance Act violate section 15 of the Canadian Charter of Rights and Freedoms, which guarantees equality before and under the law without sex-based discrimination. While the rules apply to all genders, the court noted they disproportionately affect women because they are the ones who give birth and primarily take parental leave.

The ruling stated that the current rules perpetuate economic disadvantages associated with motherhood by diminishing unemployment protection for women precisely when they assume childcare responsibilities. Although the court declared the contested provisions invalid, it has suspended the decision for one year to allow the federal government time to adjust the program.