Past Legal Challenges

Joanne Miller v. Attorney General of Canada

In March 1996, after giving birth to her second child, Joanne Miller applied for maternity and parental benefits under Canada’s Unemployment Insurance Act. She received 15 weeks of maternity benefits and 10 weeks of parental benefits, the maximum number of weeks available at the time.

The following September, shortly before Ms. Miller was to return to her job, she received a letter from her employer stating that her position was no longer available. As a result, she had to apply for regular unemployment insurance benefits to give her the time she needed to find alternate employment. Because she had just received maternity and parental benefits, Ms. Miller was only able to receive 15 weeks of regular unemployment insurance benefits. Had she not received these ‘special’ benefits, she would have been entitled to 40 weeks of regular benefits.

Ms. Miller is challenging the reduction in the regular benefit period for claimants who have previously received special benefits such as maternity, parental or disability benefits. She is arguing that this automatic reduction violates the right to equality found in the Canadian Charter of Rights and Freedoms by discriminating against pregnant women and working parents; it penalizes these groups for needing to access special benefits by reducing the time available to look for work. Like the Lesiuk case, Ms. Miller’s challenge highlights the discriminatory nature of Canada’s unemployment insurance legislation.

Joanne Miller’s case was heard in Toronto by the Federal Court of Appeal on September 25, 2002. ISAC was granted intervener status in the case and made submissions at the hearing.

On October 7, 2002, the Court delivered its judgement on the case. Unfortunately, the Federal Court of Appeal dismissed Ms. Miller's appeal, holding that the reduction in the regular benefit period is not a violation of the Charter. Joanne Miller appealed the Court's decision to the Supreme Court of Canada, but the Court denied leave to appeal.
(The decision of the Federal Court of Appeal can be found in the "resources" section)

For more information, contact:

Jacquie Chic, Director of Advocacy and Legal Services
(416) 597-5820 ext. 5144
1 (866) 245-4072 (Toll Free)
chicj@lao.on.ca

Resources