The mothers had been denied regular EI job‑loss benefits because they were already receiving maternity and parental benefits. The court said this denial breaches Section 15 of the Canadian Charter of Rights and Freedoms, which guarantees equality without discrimination based on sex.

The contested provisions prevented the “stacking” of maternity or parental benefits with regular job‑loss benefits. Although the rule applies to both sexes, the court noted that only women can receive maternity benefits, so the rule disproportionately harms women.

Because the rule limited the total weeks of benefits and sometimes required a certain amount of insurable hours, many of the women could not qualify for the regular EI payout after losing their jobs.

The judges struck down the discriminatory provisions but suspended the decision for one year, giving the federal government twelve months to rewrite the law.

Mouvement Action Chômage (MAC) de Montréal, which has supported the mothers since 2018, welcomed the ruling and said it is a victory for women across Canada.