Federal Court of Appeal rules in favour of Quebec moms denied EI benefits after maternity job loss

Canada's Federal Court of Appeal unanimously struck down provisions of the Employment Insurance Act that denied job-loss benefits to women who had received maternity or parental benefits, ruling the restrictions violated equality rights under the Canadian Charter of Rights and Freedoms. The court found that although the provisions apply to both men and women, they disproportionately affect women because only women can become pregnant and receive maternity benefits. The six Quebec mothers who challenged the law will see the discriminatory provisions removed, with the federal government given 12 months to rewrite the law.

The declaration of unconstitutionality is suspended for one year, giving Parliament time to amend the legislation.