Supreme Court EI decision good for women and families

7-0 opinion by Canada's top court upholds federal right to offer maternity and parental benefits

Ottawa - The Supreme Court's decision to uphold the federal government’s right to offer maternity and parental benefits through the Employment Insurance program is welcome news for workers, especially working women and young families, says the Canadian Labour Congress.

In a 7-0 opinion Thursday, the high court struck down a lower court opinion from Quebec that Ottawa had exceeded its jurisdiction by operating a social program through Employment Insurance. Under the Canada's constitution, provinces have jurisdiction over social programs.

The high court issued its findings in the form of an opinion because it was responding to questions asked by the federal government, rather than ruling on a formal legal appeal.

The three-million-member CLC says the finding strengthens federal responsibility for EI and increases the obligation on Ottawa to make the program work better.

Critical to Canadians

“Employment Insurance is one of the single most important programs the federal government delivers," says Barbara Byers, a CLC executive vice-president.

"For generations it has assured an income to working families across the country when circumstances take them out of the workforce – from job loss, to illness, to family-related leaves. It’s an important piece of the Canadian puzzle."

Byers says the ruling also clears the way for Ottawa to address gaps between what workers pay and what they get from the program. Only one third – just over 30% – of the unemployed qualify for unemployment benefits because EI rules have not kept up with the times, she sasys.

Byers argues that by reducing the eligibility requirement across the country to 360 hours of work, Ottawa could transform EI into a real insurance program for today’s workers.

Byers also says that EI can be changed to address the acute shortage of skilled workers and skills training opportunities available across Canada.

“The EI program should be expanded to cover workers in training," she says.

"This includes part-time workers who are upgrading, or workers at risk of layoff should be able to access Employment Insurance during training hours. It’s a real opportunity to build a stronger program, one that supports employability and contributes to a stronger economy – like it is supposed to." NUPGE

Web posted by NUPGE: 21 October 2005

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