TORONTO — Harini Sivalingam, Director of the Criminal Justice Program of the Canadian Civil Liberties Association, made the following statement:
The Canadian Civil Liberties Association (CCLA) has been granted intervenor status in Jacob v Canada (Attorney General) and has filed its written arguments in the case at the Ontario Court of Appeal. This legal challenge concerns the $5000 income eligibility threshold and exclusion of disability benefits as an eligible income source for qualification to receive COVID benefits. The applicants argue that these restrictions are discriminatory towards workers with disabilities.
Workers with disabilities constitute one of the most vulnerable segments of the workforce and were disproportionately impacted during a global pandemic crisis. Many workers with disabilities were unable to participate in the work force due to underlying health conditions and illnesses, and their exclusion from COVID benefits programs left many without vital income supports that other workers received and living in poverty.
The CCLA sought intervenor status in this case due to the critical importance of ensuring that individuals challenging the constitutionality of laws have access to meaningful remedies. Although COVID benefits programs are no longer active, there are important implications for access to justice that stem from this case if the court finds the $5000 income threshold and exclusion of disability benefits to be unconstitutional. The CCLA argues that it is imperative that just and meaningful remedies be made available to those who undertake the public service of challenging the constitutionality of such laws and policies.
The CCLA is grateful to Jennifer Hunter, Kathryn Ball, Zahra Vaid and Monika Steger of Lerners LLP for their excellent pro bono representation in this case.
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You can read the CCLA’s factum here.
About the Canadian Civil Liberties Association
The CCLA is an independent, non-profit organization with supporters from across the country. Founded in 1964, the CCLA is a national human rights organization committed to defending the rights, dignity, safety, and freedoms of all people in Canada.
Media Contact:
media@ccla.org
About the Canadian Civil Liberties Association
The CCLA is an independent, non-profit organization with supporters from across the country. Founded in 1964, the CCLA is a national human rights organization committed to defending the rights, dignity, safety, and freedoms of all people in Canada.
For the Media
For further comments, please contact us at media@ccla.org.
