Canadian Charter of Rights and Freedoms

Charter Challenges: The Employment Insurance Legislation

C. Labour Dispute

Section 36 of the Employment Insurance Act provides that a claimant, who loses or is unable to resume employment because of a stoppage of work attributable to a labour dispute at the place where the claimant is employed, is disentitled from receiving benefits. The disentitlement imposed under these legislative provisions has been held not to infringe paragraph 2(d) or sections 7 and 15 of the Canadian Charter of Rights and Freedoms.

Zwarich v. Canada (A.G.), [1987] 3 F.C. 253 (F.C.A)
Meredith v. C.E.I.C., [1989] F.C.J. No. 1117 (F.C.A.)

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