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I am writing on behalf of the Canadian Civil Liberties Association (CCLA) regarding comments you have made in the media and information on the Employment Insurance (EI) website about eligibility for EI. As you know, the position stated is that if an individual is terminated for failing to comply with an employer’s vaccination mandate, the individual will not be considered eligible for employment benefits. In effect, a refusal to be vaccinated, or to disclose one’s vaccination status to an employer, is treated as misconduct. In our view, this policy is wrong-headed, counter-productive, and may well conflict with the government’s constitutional and human rights obligations. We strongly urge you to reconsider this position.
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There is a point at which encouragement and incentives become de facto coercion. In our view, denying employment insurance benefits to individuals who have lost their job rather than comply with a vaccine mandate crosses this line. Further, since poverty is one of the key social determinants of health, such an approach may well be counter-productive from a public health perspective. Finally, the individual circumstances of those who may be denied EI as a result of this policy may give rise to Charter or human rights claims. We strongly urge you to reconsider your government’s approach to this issue. We look forward to your reply.
