Sollbach v. Canada
A-197-98
McDonald J.A.
17/12/99
6 pp.
Application for judicial review of decision by Unemployment Insurance Umpire determining Unemployment Insurance Act, s. 11 not violating Charter, s. 15-Claimant quit job in Toronto to follow husband to Calgary-Eligible to receive regular benefits for 27 weeks, but after 18 weeks benefits at her request converted to maternity benefits due to pregnancy-Once claimant paid 18 weeks of regular benefits, 12 weeks of maternity benefits Commission refused further payments-Claimant arguing entitled to 27 weeks of regular benefits, 15 weeks of maternity benefits and 10 weeks of parental benefits for total of 52 weeks of benefits-Claimant arguing since 52 weeks of payments limited to 30 weeks by Act, s. 11, latter contrary to Charter, s. 15-Umpire right in concluding s. 11 not contrary to Charter, s. 15-S. 11(6) not drawing distinction between pregnant women, others-All recipients of special benefits subject to 30-week limitation-Applicant failing to show pregnant women discriminated against as group under legislation-Pregnant women treated exactly same as men, women on parental leave, suffering from disability-All limited to maximum of 30 weeks of compensation-Law v. Canada (Minister of Employment and Immigration), [1999] 1 S.C.R. 497 most recent S.C.C. decision to address Charter, s. 15-Legislative provisions being attacked not violating essential human dignity where ameliorative in nature-Act, s. 11 not violating Charter, s. 15-Application dismissed-Unemployment Insurance Act, R.S.C., 1985, c. U1, s. 11 (as am. by R.S.C., 1985 (4th Supp.), c. 4, s. 2; S.C. 1990, c. 40, s. 9)-Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], s. 15.