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 9660bjorn@alberta.UUCP (07/03/87)
Hurrah for Mariaurora. Go to it, I wish you success.
Who wants breakfast on their face?
Bjorn R. Bjornsson
{ubc-vision,mnetor}!alberta!bjorn