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S4T Friday Night Zoom Sept 5 - EI Part IV
Now that we have laid the statutory foundation for Just Cause Analysis in the preevious sessions, the next step is to examine how this requirement was systematically undermined.
The “BE-Memo” (Behavioural Economics Memorandum) and the pre-engineered decision templates were deliberately imposed on adjudicators as a means of bypassing the legally mandated analysis. Instead of considering the fourteen statutory factors outlined in section 29(c) of the Employment Insurance Act, decision-makers were funneled into a rigid template that predetermined outcomes.
These templates served a dual purpose:
Avoiding statutory compliance — by steering adjudicators away from applying the “Just Cause” factors, which Parliament required them to weigh.
Mass denial by design — allowing uniform, large-scale rejection of claims tied to mandate-related job loss, without individualized assessment.
The use of such tools is not a minor administrative shortcut. It represents a systemic violation of statutory duty and calls into question the independence of the tribunal process itself. Thousands of Canadians were denied fair adjudication, not because of their circumstances, but because the system was engineered to exclude the very analysis the law requires.
This is a cornerstone of the claim: that the federal government knowingly replaced the rule of law with a template of convenience, using behavioural-economic tools to pre-determine denials. Such conduct not only prejudiced individual claimants but also undermines confidence in the integrity of the Employment Insurance system as a whole.
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