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We want to share a brief update on the status of our case.  It has been about a month since our last update, during which time we’ve been focused on important legal filings.

Our final filing – for now (SCC Notice of Application) – is due later this week. Once it is submitted, we will be able to dedicate more time to responding to outstanding emails and questions.  We are also planning to host interactive livestreams on SubStack, where we can speak directly with supporters and answer all your questions in real time.

FCA: Reconsideration (Federal Court of Appeal)

We recently filed our Reconsideration Motion (under Rule 397) with the FCA, requesting that the Court address a ‘critical issue’ it ‘overlooked’ in its Decision.

Specifically, we asked them to address our ‘Just Cause’ arguments underEI Act §29(c) – arguments that were refused by every Administrative Decision‑Maker (‘ADM’) at every stage of this case.  These arguments go to the heart of EI law and are not optional.

Under binding Supreme Court case law (Vavilov: ¶102-104), courts and decision‑makers are required to provide written reasons that meaningfully address the core legal issues raised.  We explicitly requested those reasons.

‘Just Cause’ analysis requires examining whether an employer ‘acted contrary to law’ or imposed unilateral,‘significant changes’ to the employment contract.  This analysis was conducted hundreds of times before the pandemic yet was intentionally ‘engineered out’ during it – despite being required by law.

We are asking our Federal Court of Appeal to provide clear, written reasons for this omission.  That explanation is essential, both to address this injustice and to allow proper review in our upcoming Supreme Court appeal.

Our Reconsideration Motion was Accepted & Docketed on April 13, and is expected to be sent to the Court this week.  It typically takes several weeks – sometimes up to a month – for the Court to issue a final Reconsideration Order.

This Reconsideration Decision is the final ruling theCourtsare legally required to provide in this matter.

SCC: Leave to Appeal (Supreme Court of Canada)

Each year, the Supreme Court (‘SCC’) grants Leave to Appeal infewer than 100 cases, and only where a matter raises clear issues of ‘National Public Interest’.  From the outset of this case (in the summer of 2022), we have built our arguments to meet that standard.

This case affects an estimated 450,000 Canadians and involves roughly $13 billion in EI Benefits that were unlawfully denied during the pandemic.  That impact alone places this case squarely within the National Public Interest – but to ensure the Court understands the full scope of what occurred, we need your help.

We are calling on every Canadian who cares about EI to Print & Mail our Public Interest Letters to the relevant government bodies, including the Supreme Court of Canada.  Courts listen when Canadians speak collectively.

We need your power – your voice.  Canadians across the country must demand Accountability & Justice for this scandal that destroyed nearly half a million livelihoods during a national crisis.

This is especially important if you, or someone in your household, was denied EI Benefits due to these ‘Mandate Misconduct’ Decisions.  For those directly affected, we have included a Personal Impact Statement that allows you to formally add your experience and case information to this precedent‑setting matter.

However, any Canadian can and should participate.  EI is a public program, and what happened affected the integrity of the system for everyone.  The outcome of this case may also shape future class action litigation once the Supreme Court addresses these issues.

For most Canadians, completing and mailing Public Interest Letters only takes 15–20 minutes.  For those personally impacted, it may take closer to an hour – but that hour can help change the course of Justice in Canada.

General Case Updates (New Links & Resources)

We’ve also updated our Resources page to include all our public filings – including rejected ones.  In addition, we’ve created a digital re-enactment of our FCA Hearing, which offers a clear and accessible overview of this $13 billion scandal. (~1:23 hr)

We also added links to our Reconsideration filings, including the full Record and our Reply Brief.  The Reply Brief contains our strongest arguments in writing and can be read in about five minutes.

Thank You Everyone

We want to sincerely thank everyone who continues to support this effort and share this information.  This fight is still only in its second round, at the Federal Court of Appeal.  The Supreme Court is where genuine accountability and lasting change can occur.

Let’s show them that Canadians have not forgotten what was done to us during the pandemic.  This case is unmistakably in the National Public Interest – and it may well be the most important pandemic‑era case actively left in Canada.

Specific Links Mentioned in this Note:

Public Interest Letters: tinyurl.com/J4EIM-Publi…

Reconsider Motion:tinyurl.com/J4EIM-FCA-R…

Reconsider Reply: tinyurl.com/J4EIM-FCA-R…

FCA Hearing: tinyurl.com/J4EIM-FCA-H…

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Apr 19
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11:57 PM
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