What is the test for equalization of benefits under section 15 of the Unemployment Insurance Act, 1971?
Alberta, Canada
The following excerpt is from Adrian v. Canada (Attorney general), 2003 ABQB 142 (CanLII):
In Schachter v. Canada, 1992 CanLII 74 (SCC), [1992] 2 S.C.R. 679, Lamer, C.J. said at p. 24: The benefits with which we are concerned with here is a monetary benefit for parents under the Unemployment Insurance Act, 1971, not one which parliament is constitutionally obliged to provide to the included group or the excluded group. What parliament is obliged to do, by virtue of the conceded s. 15 violation, is to equalize the provision of that benefit. The benefit itself is not constitutionally prohibited; it is simply under-inclusive.
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