EI denied for LWOP

Discussion:

References:


Why Your Application For Employment Insurance Regular Benefits Was Denied If You Did Not Comply With A Mandatory Vaccination Policy


Introduction

If you were terminated for refusal to comply with a mandatory vaccination policy, and then applied for employment insurance regular benefits which most likely got denied, this article is for you.

I obtained, via an ATIP (Access to Information and Privacy) request, the full file, as seen by EI agents, of a person in the above situation.  The ATIP revealed the existence of an internal memo dated as of October 19th, 2021, titled: EI Eligibility and refusal to comply with a mandatory vaccination policy - BE 2021-10 (BE Memo).  Let’s dig into it.  Below is the first half of p.1 of the BE Memo. This the first of a series of posts.

The BE Memo provides more than information to all EI staff.  It has been used to justify the denials of EI claims arising from non-compliance with a vaccination policy.  The BE 2021-10 Memo is designed to deny such EI claims on two fronts: a finding of misconduct and/or a finding of unavailability.  What’s important to note here is that the BE Memo does NOT contain ANY references to the EI Act, EI Regulations or any jurisprudence. It even has a section on how to circumvent the Charter. 

Whoever wrote this BE Memo went over the EI concepts of “Voluntary Leaving”, “Suspension or Dismissal”, “Leave of Absence”, “Availability”, “Exemptions for Medical and Religious Reasons”, “Canadian Charter of Rights and Freedoms”, “Fact-finding” and warped every single one of them to deny EI benefits to workers who rightly exercised their constitutionally protected right to safety and conscience by refusing to comply with a coercive medical procedure.[1][2][3]

It’s the weaponization of bureaucracy and an abuse of power[1] by a yet to be determined group of bureaucrats; Employment Insurance is part of the Employment and Social Development Canada portfolio, which has the following four ministers: Carla Qualthrough, Karina Gould, Seamus O’Regan Jr., and Kamal Khera.  

The overall BE Memo is intended to close all paths that would grant EI regular benefits if the claim originates from a vax mandate non-compliance.  It’s tantamount to a tort of misfeasance[2][3].  The BE Memo has the element of targeted malice[4] because it treats EI claims arising from non-compliance with a vax mandate differently than other EI claims. The BE Memo has its own special, made-to-fit, criterias to guarantee a finding of misconduct and the ensuing disqualification.

The intent and malice are obvious.  In contempt of EI law, EI regulations, the Charter, and EI jurisprudence, the BE Memo subverts the EI system, a cornerstone of our social net.  This BE Memo caused EI claims and EI reconsiderations arising from non-compliance with a covid vax mandate to be denied, which caused material damages of loss of EI benefits, psychological damages of greater economic vulnerability, emotional harm by wrong finding of misconduct, etc.

When applied, the BE Memo unfairly changes the burden of proof from a balance of probabilities to something closer to beyond reasonable doubt by introducing the concept of “exceptional circumstances” in various EI principles.

Historically when a resources town depending on mining, lumber, or a single major employer shut down, EI was there to support workers as such event was automatically deemed out of the worker’s control.  Driven by malicious politics of division, the EI system has been capriciously rigged to not recognize the most obvious that a pandemic is an event completely out of the control of workers.



Employment Insurance Commission Defrauded Canadians By At Least $12.9 Billions

“Fraud involves intentional deception or misrepresentation to gain an unfair or dishonest advantage. It often involves deceit, manipulation, or false information to obtain financial or personal benefits.  …  Abuse refers to the misuse or excessive use of something in a way that is harmful or goes beyond its intended purpose.”1

The $12.9 Billion EI Commission Heist

In the post: “Why Your Application For Employment Insurance Regular Benefits Was Denied If You Did Not Comply With A Mandatory Vaccination Policy”, I revealed and briefly discussed the existence of an internal Employment Insurance policy specifically designed to deny regular EI benefits to claims arising from non-compliance with a covid vaccination mandate.  This EI policy is referred as the BE Memo 2021-10. 

You can download my signed affidavit that proves that the BE Memo 2021-10 is authentic, was released by an ATIP (FOI), and was used in the adjudication of an EI claim of a covid-19 vaccination mandate non-compliant terminated nurse resulting in an EI claim denial.  In November and December 2023, I emailed almost every member of the Canadian Parliament about this.  They know. 

Pierre Poilievre knows, and he won’t do anything about it for the same reason that he won’t touch covid-19 vaccine harmfulness: the magnitude of the liabilities is too big to deal with.  When he gets elected, he would have to deal with that problem. Political courage has its limits.


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Canada could not lawfully afford its vaccination mandate, the BE Memo caused EI agents to disobey the EI Act.


EI eligibility of unvaccinated working Canadians would have caused a massive, unexpected deficit. Cost-wise Canada was never able to afford a vaccination mandate and assume its full economic consequences.


The Liberals were forced to choose between their vaccination mandate or keeping the rule of law. 

By excluding unvaccinated workers from EI with the unlawful BE Memo 2021-10, the Liberal government used the loss of EI eligibility as a financial incentive to force and coerce Canadians into accepting a medical procedure.  This is a crime recognized by the Canadian Senate and I covered that in the Canadian Senate Recognized the Wrongs of Medical Coercion in June 2021 post.


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Section 126(1) Disobeying a Statute

The BE Memo is an unlawful directive or internal policy given to EI adjudicating agents.  Its purpose and intent are to make all unvaccinated Canadians ineligible to EI no matter what the circumstances are.  The BE Memo 2021-10 shifted the burden of proof against unvaccinated claimants and corrupted the application of the EI Act.  The BE Memo caused EI agents to disobey the EI Act.

The BE Memo 2021-10 motives were certainly not about public health, not ideological, not about vaccine uptake, as in Oct 2021 vaccination rates had already peaked, and not even about restarting the economy because the economy, GDP-wise had already recovered to pre-pandemic levels.

The BE Memo 2021-10 admits that it is unlawful in its very first paragraph:

“Any intentional violation of an Act of Parliament without lawful excuse is an indictable offence punishable by imprisonment of up to two years.”13


Conclusion

The BE Memo 2021-10 is the instrument and mechanism that enabled the Liberals to commit the largest fraud in Canadian history.   This is what Pierre Poilievre should be focusing on, but he won’t because when he gets elected, he would have to acknowledge a massive liability.

The creation and application of this BE Memo 2021-10 is an abuse of power and a the weaponization of the Canadian Employment Insurance system into a mean to achieve medical coercion by unlawfully withholding financial support for those exercising their constitutionally protected right to safety and security of the person.

1

What is Fraud vs. Abuse?

2

Statistics Canada - Labour force characteristics, monthly, seasonally adjusted and trend-cycle, last 5 months

3

COVID-19 vaccination: Vaccination coverage

4

COVID-19 vaccination: Vaccination coverage Raw Data

5

CBC – Aug 13th 2021 - Federal government to require vaccinations for all federal public servants, air and train passengers

6

THE NEW FRAUD TRIANGLE THEORY - INTEGRATING ETHICAL VALUES OF EMPLOYEES

7

P. 39 – Table 1 – Budget 2022

8

Criminal-code.ca – Section380(1) – Fraud

9

PART IX - Offences Against Rights of Property

10

Criminal-code.ca - Section 380.1(1.1) Aggravating circumstance value of the fraud

11

Criminal-code.ca - Section 122 Breach of Trust by Public Officer

12

PART IV Offences Against the Administration of Law and Justice (continued) Corruption and Disobedience (continued)

13

Criminal-code.ca - Section 126(1) Disobeying a Statute

14

WHAT IS THE ROLE OF MISFEASANCE IN A PUBLIC OFFICE IN MODERN CANADIAN TORT LAW?

15

Misfeasance By Officials Within Public Office Involves Ulterior Motives With a Malicious Abuse of Statutory Powers

16

Lawson Lundell - Claims for Misfeasance in Public Office: A Brief Summary

17

November 8th 2023 – Cassels - Court Orders Province To Pay $10.125 Million For Blocking Project Opposed By First Nation