Denying EI to women laid off after maternity leave a Charter violation: Court of Appeal

Source: Global News Politics
Date: 2026-09-04 20:06:59.0
Tags: [National, Quebec, Labour, Justice, Social Services]

The Federal Court of Appeal ruled in favour of six Quebec women, represented by the advocacy group Mouvement Action Chômage, finding that denying employment insurance (EI) benefits to women laid off shortly before, during, or after maternity leave violates Section 15 of the Canadian Charter of Rights and Freedoms. The court determined that withholding benefits and limiting the ability to stack EI with maternal or parental benefits constitutes sex-based discrimination under the law, which disproportionately impacts women. The three-judge panel struck down the discriminatory provisions of the Employment Insurance Act but suspended the declaration for 12 months, giving the federal government one year to rewrite the legislation.