Canada Will Not Appeal Court Ruling Striking Down Discriminatory EI Provisions
The federal government has confirmed it will not appeal a Federal Court of Appeal decision that struck down sections of the Employment Insurance Act limiting combined job loss and maternity benefits. The court found the provisions disproportionately affected women, giving Ottawa until September 3, 2027, to amend the legislation.
The Government of Canada has confirmed it will not appeal a Federal Court of Appeal ruling that struck down discriminatory sections of the Employment Insurance (EI) Act affecting six Quebec mothers. 
The case centered on Laurie Chalifour-Racine, the lead plaintiff who was laid off from a Montreal-area financial institution in December 2016 while on maternity leave. She was denied EI benefits because she had not accrued enough insurable work hours in the previous 52 weeks. The Employment Insurance Act limited the combination of regular job loss benefits and special benefits, such as maternity and parental leave, to 50 weeks.
In 2018, lawyers from Mouvement Action Chômage (MAC) de Montréal helped Chalifour-Racine and five other mothers bring their case to the Social Security Tribunal of Canada. In 2022, the tribunal's general division ruled in the women's favor, stating that parts of the EI Act violated constitutional rights to equality. The Canada Employment Insurance Commission (CEIC) appealed the tribunal's decision and won, prompting the group to take the case to the Federal Court of Appeal.
The Federal Court of Appeal unanimously upheld the lower tribunal's decision, declaring the discriminatory provisions "of no force or effect" because they disproportionately affect women. The court suspended its declaration for one year and gave the government until September 3, 2027, to amend the law. Sibel Ataogul served as the lead attorney for the applicants. 
Advocacy groups continue to support hundreds of other women whose files at the Social Security Tribunal are currently on hold pending legislative changes.