From the Frontier Centre for Public Policy

By Lee Harding

Should Canadians who lost their jobs over vaccine mandates have been denied Employment Insurance? Certified financial examiner Lex Acker says no, and that $12.9 billion of EI should have been paid out.

Acker presented his findings June 2 in Regina at the National Citizens Inquiry on COVID-19. His wife, a Nanaimo, BC nurse not named in his testimony, lost her job due to non-compliance with vaccine mandates.

Late in 2021, federal Employment Minister Carla Qualtrough announced that unvaccinated employees would be denied Employment Insurance (EI), but Acker’s wife applied just the same.

According to Acker, a subsequent appeal included a reference to a Supreme Court ruling in which medical coercion was found to equate to assault. An EI agent admitted to Acker that the appeal “got everyone’s attention” at the federal agency but was denied anyway.

Acker applied for all documentation related to the decision and received 1200 pages. Included was a 12-page document entitled BE Memo 2021-10, which directed EI agents on how to administer claims for the unvaccinated.

“The memorandum is not linked to any legislative or regulatory amendments,” the memo explained.

Given the minister’s announcement all such cases would be denied, the memo seems little more than pretense, despite its apparent departure from normal practice.

The memo mandated three requirements to establish a finding of misconduct for an applicant.

1. “The employer has adopted and communicated a clear mandatory vaccination policy to all affected employees;”
2. “The employees are aware that the failure to comply with the policy would cause a loss of employment;”
3. “The application of the policy to the employee is reasonable within the workplace context.”

According to the response to Acker’s wife, which Acker included in a sworn affadavit, the EI agent on the case asked the Vancouver Island Health Authority for the appropriate documentation. The Ei agent noted such documentation was never received, yet denied the claim with the words, “Misconduct proven.”

The EI memo explicitly stated that claimants could still bring Charter arguments forward. Then again, the memo also validated an “employer’s professional expectations,” an apparent veiled reference to vaccination. The memo explained that it was not enough for applicants to say they suffered “discrimination.” Instead, ”the client must be able to demonstrate how they were discriminated against and on what grounds.”

It’s not clear how that would happen if the minister directed all applications to be refused.

Remarkably, the EI agent in Acker’s case acknowledged stated arguments against the safety and efficacy of the vaccines, but said assessing such judgments was beyond the scope of an EI agent, as were “Charter Rights violation arguments.” The agent told Acker to turn to “the Courts, Human Rights Commission, Labour Standards” instead.

The memo said that claimants citing a religious exemption had to show “a clear link” with proof “that the client’s religion is preventing them from being vaccinated” but not use a Bible or Qu’ran.

“[T]he interpretation of sacred texts by the client themselves must not be seen as a particular practice required by their faith,” the memo explained.

The employer also had wide discretion on what medical exemptions to accept.

“In some cases, the employer can refuse to accept a medical certificate because it does not meet the conditions of the employer’s mandatory vaccination policy,” the memo explained.

“However, the client could have another credible medical reason, such as a mental illness or other condition justifying their refusal.”

If the suggestion mental illness could have contributed to vaccine refusals isn’t biased, then what is?

On Substack, Acker estimated a 9.7% termination rate from positions in B.C. Health, based on vacant positions. His analysis of employer pension contributions suggested similar termination rates of 8.6% to 11.5%.

Acker extrapolated these vaccination and employment rates, and the average EI payout of $26,000, to estimate that unvaccinated Canadians forfeited $12.9 billion in EI claims.

A lay perusal of the criminal code by the analyst suggested potential avenues for litigation, such as fraud, breach of trust by a public officer, and disobeying a statute. Tort for misfeasance in public office might also be a civil remedy.

Acker said the EI rejections were due to systemic fraud and abuse, and he has made a good case. Canadians bemoaning the failed government response to the pandemic have yet another reason to demand accountability.

Lee Harding is a Research Fellow at the Frontier Centre for Public Policy