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Workers Compensation in Canada
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The Federal Government of Canada is under international treaty obligation to ensure that workers compensation is being provided to Canadian workers. The North American Free Trade Agreement (NAFTA) stipulates* that the signatory countries must uphold "high labor standards" and includes in this, "compensation in cases of occupational injuries and illnesses". *under its side agreement NAALC, the North American Agreement on Labor Cooperation
IN ADDITION, the Federal Government of Canada is under international treaty obligation to ensure compliance with the United Nations Convention on the Rights of the Child - specifically Part1, Articles 19, 26, 27, 36 encompassing provisions such as ". . . effective procedures for the establishment of social programmes to provide necessary support for the child and for those who have the care of the child" and ". . . appropriate measures to assist parents and others responsible for the child to implement this right and shall in case of need provide material assistance and support programmes, particularly with regard to nutrition, clothing and housing"
IN ADDITION, the Federal Government of Canada is signatory to the UN Convention on the Rights of Persons with Disabilities http://www.un.org/esa/socdev/enable/conventioninfo.htm
The Canadian Injured Workers Society is calling upon all concerned Canadians to sign the following petition calling for a FEDERAL PUBLIC JUDICIAL INQUIRY into wrongdoing by workers compensation systems across Canada.
ANYONE can sign this petition.
PETITIONTO THE HOUSE OF COMMONS IN PARLIAMENT ASSEMBLED
We, the undersigned residents of Canada, draw the attention of the House to the following:
THAT systemic misconduct by Workers Compensation Boards and Appeals Commissions across Canada relate to specific sections of the Criminal Code of Canada and the Charter of Rights and Freedoms such as (but not limited to) discrimination, harassment, intimidation, fabrication of evidence, fraudulent misrepresentation, fraudulent concealment, omission of duty, misappropriation of money held under direction, criminal negligence, extortion, disobeying an order of the court, disregarding presumption of innocence and subjecting injured workers to cruel and unusual treatment;
THAT misconduct by WCBs violates section 7 of the Charter that "Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice" by leaving injured workers and their families susceptible to the ravages of poverty;
THAT WCBs routinely put the burden of proof upon injured workers contrary to WCB Act legislation that gives presumptive status to injured workers thus forcing an adversarial system upon injured workers contrary to the WCBs' duties under Administrative Law and contrary to the Charter of Rights and Freedoms section 15(1) that "Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination" ;
THAT the Canada Health Act discriminates against injured workers by excluding them from "access to health services without financial or other barriers" by excluding "any health services that a person is entitled to and eligible for under any . . . Act of the legislature of a province that relates to workers' or workmen's compensation" and that this leaves injured workers vulnerable to wrongdoing by the Workers Compensation system;
THAT because provinces benefit financially and politically from WCB wrongdoing, injured workers have had no success in resolving these issues provincially and have been left as a marginalized group of Canadians who are left without access to natural law and fundamental justice;
THAT the Criminal Code, the Charter of Rights and the Canada Health Act are under federal jurisdiction;
THEREFORE, your petitioners call upon the House Of Commons In Parliament Assembled, to enforce and uphold the Criminal Code and the Charter of Rights and Freedoms by convening a Public Judicial Inquiry to investigate misconduct by Workers Compensation Boards and Appeals Commissions across Canada and to assess Provincial WCB Act legislation and the Canada Health Act with regard to the Charter of Rights.
ANYONE can sign this
|In addition to the CIWS's Federal Petition (at 'GoPetition'), there is a new ALBERTA PETITION calling for the WCB Board of Directors to hold public hearings throughout Alberta. Please help gather signatures for the Alberta Petition by printing it and distributing it freely.|