S4T Friday Night Zoom July 18 - EI Case Shaking up the System

A critical Employment Insurance (EI) case is heading to the Federal Court of Appeal and this deserves national attention. This case directly challenges the legality of how EI benefits were assessed during the COVID-19 mandates, a process that impacted tens of thousands of Canadians and their families.

The appellant argues that systemic legal errors were made in denying benefits based on "misconduct" findings. These denials relied on a flawed four-part test that included two logical fallacies, petitio principii and special pleading, which the Supreme Court of Canada has deemed unreasonable (see, Vavilov, paragraph 104, https://www.canlii.org/en/ca/scc/doc/2019/2019scc65/2019scc65.html). Many denials were also based on falsified Records of Employment, potentially violating section 398 of the Criminal Code.

A thorough legislative intent analysis (Rizzo framework) using Hansard transcripts shows that adjudicators ignored key statutory obligations under the EI Act, https://laws-lois.justice.gc.ca/eng/acts/e-5.6/FullText.html, section 29(c)) and the Department of Employment and Social Development Act, https://laws.justice.gc.ca/eng/acts/h-5.7/FullText.html, section 64. Specifically, they refused to examine whether employers acted unlawfully, wrongly claiming such investigation was outside their jurisdiction.

Supporting this are dozens of parliamentary speeches from the very officials who drafted these provisions. The case also reveals that adjudicators used pre-written decision templates from a digital case management tool (Atrium), sometimes inserting contradictory reasons to justify benefit denial, contrary to Vavilov paragraph 121, https://www.canlii.org/en/ca/scc/doc/2019/2019scc65/2019scc65.html.

Worse, these denials were guided by an internal policy memo, not based on law, instructing adjudicators to override proper procedure for one group: Canadians who refused mandatory COVID-19 vaccination.

This case addresses 15 legal errors, 14 of which are common across thousands of similar denials and if successful, this case could reset how EI law is applied nationwide. Public scrutiny and support are vital. Freedom dies in the dark, so it's our duty to bring these vital cases into the light!

Join us tonight for a full case overview!

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