kcho@watdaisy.UUCP (07/02/87)
NEWS RELEASE The Equality Rights Panel from the Court Challenges Program has decided to contribute up to $5,000 to assist an international alumnus of the University of Waterloo to defray her legal costs in arguing before the Umpire her righs to receive Unemployment Insurance benefits. Mariaurora Mota, a graduate student in the Computer Science and Management Science Departments, paid Unemployment Insurance premiums from her salary as Teaching Assistant. Her husband Jose I. Icaza is a PhD student in the Computer Science Dept. Since October 86, Ms. Mota has been unemployed because Immigration would not grant her an employment authorization even when she got an offer of employment. She applied for unemployment insurance benefits but was disentitled because she does not possess an employment authorization!! In January 87, the Board of Referees dismissed her appeal and upheld the decision of the Crown: former foreign students are not allowed to receive regular UI benefits even if they have contributed to the Plan. Her case is now before the Umpire. The Court Challenges Program supports selected test cases related to equality rights issues stemming from Canada's constitutional provisions. Section 15(1) of the Canadian Charter of Rights and Freedoms effective since April 15, 85 provides: .QS "Every individual is equal before and under the law and has the right to equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age, mental or physical disability." .QE The purpose of the program is to fund test cases that have legal merit and will likely result in judicial interpretations with consequences for a significant number of people. The result of this case, will have consequences on 10,000 graduate foreign students attending Universities in Canada and also on temporary workers (like visiting professors, nannies and fruit pickers). It seems that all workers holding an employment authorization, must contribute to the Unemployment Insurance Plan, but when they are unemployed, they cannot collect benefits. The Court Challenges Program is funded by the government of Canada through the auspices of the Secretary of State in cooperation with the Ministry of Justice. It is administered by the Canadian Council on Social Development, a non-government, non-profit social policy organization based in Ottawa. Ms. Mota is supported by the Ontario Federation of Students, the Graduate Students Council, Graduate Students Associations of Wilfred Laurier, McMaster, Guelph, McGill, Memorial of Newfoundland, British Columbia, the International House of B.C., the Student Union of the U. of Saskatchewan, the Canadian Bureau for International Education, Local 2 and 9 of the Union of Educational Workers, the Council of Western Canadian University Presidents and the Dean of Students of the University of Waterloo. Ms. Mota is represented by: .nf Timothy C. Flannery, from Phipps and Flannery 226 Frederick Street Kitchener, Ontario N2H 2M8 Tel. (519) 578 9660