EMPLOYMENT INSURANCE |
Canada (Attorney General) v. Brown
A-435-00
2001 FCA 385, Evans J.A.
11/12/01
3 pp.
Application for judicial review of Umpire's decision (CUB 48279) 30-week statutory cap did not include weeks in which respondent had received maternity benefits--Respondent returned to work in spring of 1999, after 25 weeks of maternity and parental leave--Two months later, employer went out of business and respondent lost her job--When she applied for employment insurance, Commission told her only entitled to benefits for 5 weeks, as had already received 25 of statutory maximum of 30 weeks of benefits for which eligible in period by virtue of Employment Insurance Act, s. 12(6)(b)--Board of Referees dismissed her appeal, but Umpire found since only women can claim maternity benefits, discriminatory under Human Rights Act to include weeks of maternity benefits in calculation of number of weeks of regular benefits to which claimant entitled--Application allowed--Umpire did not base decision on Charter, s. 15, presumably because respondent had not given notice of constitutional question--However, in Sollbach v. Canada (Attorney General) (1999), 252 N.R. 137 (F.C.A.), Court has already rejected challenge under Charter, s. 15 to validity of statutory maximum number of weeks of benefits and, in particular, to inclusion of "special benefits", such as maternity benefits, in determination of number of weeks of employment insurance benefits to which applicant entitled-- Would be unjustifiable to hold same provision discriminatory for purpose of Canadian Human Rights Act--No authority for proposition that, on appeal from Board of Referees, open to Umpire to read out of Employment Insurance Act clear and otherwise valid provision on ground contrary to Canadian Human Rights Act--Employment Insurance Act, S.C. 1996, c. 23, s. 12(6)(b)--Canadian Human Rights Act, R.S.C., 1985, c. H-6--Canadian Charter of Rights and Freedoms, being Part I of Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], s. 15.