Stephen Harper’s EI reforms must include a credible right of appeal

Every year, about 27,000 Canadians appeal federal decisions to deny them employment insurance benefits. They want to make their case to a person, not a computer. They want to correct an administrative error. They want a second opinion.

Until now, Canada has had a relatively good appeal process. An applicant whose claim was rejected could apply to a referee for a hearing. The appeals board consisted of 1,000 part-time arbiters, including workers’ representatives, employers’ representatives and government representatives. Beyond that, applicants who were still unsatisfied could apply to an umpire.

The Conservative government is now poised to scrap both levels of appeal. It embedded a measure in its budget legislation that would get rid of all the referees and umpires. In their place, it would substitute a new 74-member Social Security Tribunal to handle EI appeals as well as disputes over Canada Pension Plan and Old Age Security benefits.

An aide to Human Resources and Skills Development Minister Diane Finley said the old process was confusing, costly, slow and inefficient. The new one would be faster and less cumbersome.

This bewildered both workers’ groups and employers. They’d never complained about the appeal process. People normally got a hearing within 30 days and a decision within a week. They were dubious that a 74-member multi-purpose tribunal could do the work of 1,000 referees and 32 umpires.

It worried jobless advocates. Canada is jettisoning a system in which laid-off workers whose EI claims are rejected can tell their story in plain language to people from their community. It is moving to a quasi-judicial system under which they’ll need either a lawyer or a sophisticated understanding of the Employment Insurance Act.

It puzzled policy analysts. The problem the government seeks to correct — if there is a problem — is relatively small. Fewer than one out of 100 employment insurance claimants appeal their cases.

The move comes at a time when more, not fewer, administrative mistakes are being made. Under Finley, the process of applying for EI has been automated. Claimants are required to fill out an online application form. One wrong computer stroke, one wrong entry, one misunderstood question can result in a claim being denied. One discrepancy between the details provided by a laid-off worker and the former employer can mean a denial of benefits.

Moreover, the minister has reduced the number of Service Canada employees who can help laid-off workers. And the rules are constantly changing. Finley just announced new restrictions designed to push EI recipients back into the workforce at reduced wages.

This “streamlining” scheme is part of a government-wide pattern.

The Tories have terminated Ottawa’s Court Challenges program, which allowed Canadians who believed their constitutional rights had been violated to apply for federal assistance to launch a Charter challenge. They have closed the appeal process to some rejected refugee claimants, truncated it for the rest. They have imposed strict time limits on environmental review hearings and given cabinet the power to override their decisions. They have lightened the auditor general’s workload, giving the government sole oversight of a number of federal agencies and grant-making councils. And they have fired or eliminated many of the watchdogs who monitor the government’s actions on behalf of Parliament and the public.

What is emerging is a system that gives more power to the government and makes it more difficult for Canadians to challenge the way their tax dollars are being used, their rights are being eroded and their avenues of appeal are being shut down.

Original Article
Source: the star
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