The three‑judge panel said that withholding EI benefits violated Section 15 of the Charter of Rights and Freedoms, which guarantees equality without sex‑based discrimination, and noted that discrimination based on pregnancy and motherhood is a form of sex discrimination.

Because of that finding, the court struck down the discriminatory sections of the Employment Insurance Act and gave the federal government 12 months to rewrite the law.

The women were represented by the advocacy group Mouvement Action Chômage and first brought the case forward in 2018; they had previously won at the Social Security Tribunal before the decision was overturned and taken to the Court of Appeal.

Lead attorney Sibel Ataogul explained that the current rules require a certain number of work hours in the previous year, which a woman cannot earn while on maternity leave, and that the law does not provide an extension similar to the one for people detained in prison.

The ruling could affect many women who rely on EI during or after maternity leave, because the law will have to be changed to allow them to meet the work‑hour requirement while they are on leave.