COVID-19
Fraud and Abuse Denied EI Claims for the Unvaccinated
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.
- “The employer has adopted and communicated a clear mandatory vaccination policy to all affected employees;”
- “The employees are aware that the failure to comply with the policy would cause a loss of employment;”
- “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
From LifeSiteNews
When the convoy first came to Ottawa, allegations were floated that the memorial had been desecrated. After learning of this, Evely quickly organized a group of veterans to stand guard around the clock to protect the area.
A Canadian veteran appealed to the Ontario courts after he was convicted for organizing a guard around the National War Memorial during the Freedom Convoy.
In an October press release, the Justice Centre for Constitutional Freedoms (JCCF) announced that an appeal has been filed in the Ontario Court of Appeals on behalf of Master Warrant Officer (Ret’d) Jeffrey Evely over his conviction for mischief and obstructing police while on his way to guard the Ottawa War Memorial during the 2022 Freedom Convoy.
“By locking down large sections of downtown Ottawa, the police were effectively preventing all civilians from accessing public areas and greatly exceeded their powers under the common law,” constitutional lawyer Chris Fleury explained.
“This case raises issues that have implications for protests across the province and the country. We are hopeful that the Ontario Court of Appeal will agree and grant leave to appeal,” he added.
The appeal argues that police overstepped their authority in their response to the 2022 protest of COVID mandates. Police actions at the time included locking down the Ottawa core, establishing checkpoints, and arresting protesters.
In September 2024, Everly was convicted of mischief and obstruction after his involvement in the 2022 Freedom Convoy, which protested COVID mandates by gathering Canadians in front of Parliament in Ottawa.
As LifeSiteNews previously reported, when the convoy first came to Ottawa, allegations were floated that the memorial had been desecrated. After learning of this, Evely quickly organized a group of veterans to stand guard around the clock to protect the area.
However, under former Prime Minister Justin Trudeau’s use of the Emergencies Act, many parts of downtown Ottawa were blocked to the public, and a vigilant police force roamed the streets.
It was during this time that Evely was arrested for entering a closed off section of downtown Ottawa during the early hours of February 19, 2022. He had been on his way to take the 4:25 a.m. shift protecting the Ottawa War Memorial.
As Evely walked to the memorial, he was allegedly told to stop by police. According to the police, Evely “ran for a short distance before being confronted by two additional police officers.”
He was forcibly pushed to the ground, landing face first. The veteran was then arrested and charged with mischief and obstructing police.
At the time, the use of the EA was justified by claims that the protest was “violent,” a claim that has still gone unsubstantiated.
In fact, videos of the protest against COVID regulations and shot mandates show Canadians from across the country gathering outside Parliament engaged in dancing, street hockey, and other family-friendly activities.
Indeed, the only acts of violence caught on video were carried out against the protesters after the Trudeau government directed police to end the protest. One such video showed an elderly women being trampled by a police horse.
While the officers’ actions were originally sanctioned under the EA, Federal Court Justice Richard Mosley ruled that Trudeau was “not justified” in invoking the EA, forcing Crown prosecutors to adopt a different strategy.
Now, Crown prosecutors allege that the common law granted police the authority to stop and detain Evely, regardless of the EA.
However, Evely and his lawyers have challenged this argument under section 9 of the Canadian Charter of Rights and Freedoms, insisting that his “arrest and detention were arbitrary.”
Earlier this month, Freedom Convoy organizers Tamara Lich and Chris Barber were sentenced to 18-month house arrest after a harrowing 25-month trial process. Many have condemned the sentence, warning it amounts to “political persecution” of those who stand up to the Liberal government.
COVID-19
Freedom Convoy leader Tamara Lich says ‘I am not to leave the house’ while serving sentence
From LifeSiteNews
‘I was hoping to be able to drop off and pick up my grandsons from school, but apparently that request will have to go to a judge’
Freedom Convoy leader Tamara Lich detailed her restrictive house arrest conditions, revealing she is “not” able to leave her house or even pick up her grandkids from school without permission from the state.
Lich wrote in a X post on Wednesday that this past Tuesday was her first meeting with her probation officer, whom she described as “fair and efficient,” adding that she was handed the conditions set out by the judge.
“I was hoping to be able to drop off and pick up my grandsons from school, but apparently that request will have to go to a judge under a variation application, so we’ll just leave everything as is for now,” she wrote.
Lich noted that she has another interview with her probation officer next week to “assess the level of risk I pose to re-offend.”
“It sounds like it’ll basically be a questionnaire to assess my mental state and any dangers I may pose to society,” she said.
While it is common for those on house arrest to have to ask for permission to leave their house, sometimes arrangements can be made otherwise.
On October 7, Ontario Court Justice Heather Perkins-McVey sentenced Lich and Chris Barber to 18 months’ house arrest after being convicted earlier in the year convicted of “mischief.”
Lich was given 18 months less time already spent in custody, amounting to 15 1/2 months.
As reported by LifeSiteNews, the Canadian government was hoping to put Lich in jail for no less than seven years and Barber for eight years for their roles in the 2022 protests against COVID mandates.
Interestingly, Perkins-McVey said about Lich and Barber during the sentencing, “They came with the noblest of intent and did not advocate for violence.”
Lich said that her probation officer “informed me of the consequences should I breach these conditions, and I am not to leave the house, even for the approved ‘necessities of life’ without contacting her to let her know where I’ll be and for how long,” she wrote.
“She will then provide a letter stating I have been granted permission to be out in society. I’m to have my papers on my person at all times and ready to produce should I be pulled over or seen by law enforcement out and about.”
Lich said that the probation officer did print a letter “before I left, so I could stop at the optometrist and dentist offices on my way home.”
She said that her official release date is January 21, 2027, which she said amounts to “1,799 days after my initial arrest.”
As reported by LifeSiteNews, Lich, reflecting on her recent house arrest verdict, said she has no “remorse” and will not “apologize” for leading a movement that demanded an end to all COVID mandates.
LifeSiteNews reported that Conservative Party leader Pierre Poilievre offered his thoughts on the sentencing, wishing them a “peaceful” life while stopping short of blasting the sentence as his fellow MPs did.
In early 2022, the Freedom Convoy saw thousands of Canadians from coast to coast come to Ottawa to demand an end to COVID mandates in all forms. Despite the peaceful nature of the protest, Trudeau’s government enacted the never-before-used Emergencies Act (EA) on February 14, 2022.
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