National Charter Class Claim


Things happening by injured workers, to Help injured workers!



These sub-pages have been created to better organize information regarding the National Charter Class Claim.


National Charter Class Claim



This webpage is currently being redone. The prupose is to better organize the information on the page, in an effort to make it much easier to find information.
If you have any sugguestions, please send an e-mail to fightwcb@gmail.com.


This webpage has been setup to provide information regarding the National Charter Class Claim against all of Canada's Provincial/Territorial workers compensation boards. Specifically, the WCB/WSIB/WorkSafe, and against all of Canada's Provincial/Territorial workers compensation appeals tribunals.

The purpose of the National Charter Class Claim is two-fold:

First
is to fight for ALL workers who have been injured within Canada’s borders. Who then have had their lawful RIGHT to workers compensation denied, reduced, or suspended.
Canada’s workers compensation boards, tribunals and/or commissions were able to do this through the use of the following unconstitutional methods:

JURISDICITON:
Workers compensation in Canada is exclusively Provincial/Territorial. There is no national system and/or board. As such, Canada’s current workers compensation system contains 12 different workers compensations systems. We argue that there should be one national system in accordance with sections 91 and 92 of the Constitution. This is because section 92 does not provide express authority to the Provincial/Territorial governments to administer workers compensation.

Moreover, having Provincial/Territorial governments to administer workers compensation is an infringement of Right of Mobility, under section 6 of the Charter of Rights and Freedoms. This is because, for example, when a worker lives in one jurisdiction and is injured while working for an employer in another jurisdiction and is injured, they have to travel and fight with the other jurisdictions compensation system, rather than the one where they live.

Therefore, under the Gap Doctrine,/i>, court can award powers to the Federal government under the Peace Order and Good Government clause of the Constitution. Simply because workers compensation is an interjurisdictional issue that must be federal.

DEEMING:
This was taken from the Ontario Network of Injured Worker Groups – ONIWG’s #WorkersCompIsARight Campaign. A campaign that was launched on September 11, 2017. We have quoted from the Workers Compensation Is a Right Report.

ONIWG’s Workers Compensation Is a Right Report

Click the link to download a PDF copy


"One of the WSIB’s primary ways of reducing benefits to injured workers is through the practice of – deeming. In essence, deeming – which can also be called – determining – is when the WSIB the WSIB deems (pretends) that an injured worker has a job that they do not in fact have in reality. The Board then pretends that the worker is earning a salary from the non-existent job, and cuts their benefits by the amount of the imagined salary. Injured workers who have been deemed are left with little or no compensation benefits, regardless of whether they are in fact employed.

We refer to deemed jobs as – phantom jobs because the reality is that there often is no actual job for the injured worker. The WSIB has simply dreamed up a job that it claims an injured worker could get, and then used it as an excuse to cut benefits."


Deeming is such a major issue that ONIWG released a separate report some two years after launching their #WorkersCompIsARight Campaign in 2017.

ONIWG’s Phantom Jobs & Empty Pockets Report

Click the link to download a PDF copy


Deeming was also a major political issue in Ontario, where some politicians knew the truth of how fraudulent and unconstitutional the use of Deeming is that NDP MPP Wayne Gates former NDP Critic for Workplace Safety introduced a Private Member’s Bill 119 to end deeming. It passed first reading. However, it has intentionally sat in limbo for three years. Confirming that politics is not the answer for injured workers when it comes to DEEMING!

We submit that the use of Deeming is a clear and blatant infringement of an individual’s right to:
  • Life, Liberty, and Security of Person,
    As such is an infringement of section 7 of the Charter of Rights and Freedoms

  • Not to be subjected to any cruel and unusual treatment or punishment
    As such is an infringement of section 12 of the Charter of Rights and Freedoms


  • LISTEN TO OUR DOCTORS:
    Probably one of the most disturbing issues with Canada’s workers compensations systems is how they ignore medical reports and expert opinions, by injured worker’s treating healthcare professionals. This is in favour of forcing these injured workers back to work, or most commonly claiming the worker is not injured, when they are. This was also taken from the Ontario Network of Injured Worker Groups – ONIWG’s #WorkersCompIsARight Campaign. A campaign that was launched on September 11, 2017. We have quoted from the Workers Compensation Is a Right Report.

    ONIWG’s Workers Compensation Is a Right Report

    Click the link to download a PDF copy

    “In 2016 and 2017, a series of reports were released by injured worker groups, labour organizations, and legal clinics that said what injured workers and advocates have long known: There are serious problems with the way that the WSIB considers medical information.”

    Prescription Overruled; Bad Medicine; No Evidence

    Click the link to download a PDF copy

    “These reports highlighted a broad range of issues, including failing to heed medical advice regarding readiness to return to work, insufficient treatment, blaming ‗pre-existing conditions‘ for injuries clearly caused at work, and using reports from independent medical reviewers who never meet the worker, even when these reports contradict the evidence provided by a worker‘s healthcare team.

    Legally, workers are entitled to treatment from the healthcare provider of their own choosing. Section 33 of the Workplace Safety and Insurance Act states that:
    A worker who sustains an injury is entitled to such health care as may be necessary, appropriate, and sufficient as a result of the injury and is entitled to make the initial choice of health professional for the purposes of this section.


    The act goes on to state that "The Board shall pay for the worker‘s heath care".

    However, this rarely happens as the Board abuses their position claiming treatment is not required or needed WHEN IT IS!

    We submit that ignoring injured worker doctors is also a clear and blatant infringement of an individual’s right to:
  • Life, Liberty, and Security of Person,
    As such is an infringement of section 7 of the Charter of Rights and Freedoms

  • Not to be subjected to any cruel and unusual treatment or punishment
    As such is an infringement of section 12 of the Charter of Rights and Freedoms


  • ABUSE OF PRE-EXISTING CONDITIONS:

    This section is still being re-worked. As are the materials for the newly added sections below regarding the motions and motion materials
    Please check back for updates!


    If you know of any other Class Actions currently filed against any workers compensation board and/or tribunal in Canada
    please let me know by e-mail at fightwcb@gmail.com

    Don't Forget to Sign-up to Get Updates
    Sign-up for important updates regarding injured workers. Including the next meeting reminders.
    You can do this by clicking the sign-up button on the navigation bar or by click here.


    Criteria to be a Lead Plaintiff or Class Plaintiff

    To become part of the National Charter Class Claim and benefit from any award of damages, if granted by the court,
    an individual MUST register as a Lead Plaintiff or a Class Plaintiff and meet the criteria for each as listed below.

    Please note that we are presently NOT accepting registrations for individuals to be Class Plaintiffs, as of yet.
    We will let everyone know through e-mail updates when we do. Make sure to sign up for updates so you do not miss any, by clicking here.


    Also Please note that the court may change any of the listed criteria and definitions.

    Class Plaintiff:
    A Class Plaintiff does not make any decisions in the claim process. A Class Plaintiff is an individual that,
    IF the claim is successful, IF you have registered as a Class Plaintiff, and IF you meet the following criteria, you will receive damages.

  • You MUST have worked within any region of Canada and subsequently suffered a personal injury and/or suffered an exposure;
    Note: You do not have to be a Canadian citizen or resident to be a Plaintiff.

  • You MUST have made a claim for workers compensation to any workers compensation board within Canada and have been provided a claim number;

  • You MUST have experienced a claim for workers compensation denial, reduction, suspension and/or delay as a result of one or more of the six identified methods that your WCB/WSIB/WorkSafe did to you, being:
    Deeming,
    Pre-existing,
    Failing to listen to your doctor,
    Intentional institutional delays,
    Denying or reducing your workers compensation based on your Age, and
    Secondary injuries cased by the workers compensation system;

  • You may have been injured while working for and in Province/Territory that you do not live in;

  • You may have had a family member who was a worker and either lost their life, while working in Canada or was injured while working in Canada and whom you supported or was dependent on; and

  • Any other criteria as to be determined by the Court.


  • We are NOT accepting registrations for Class Plaintiffs, at this time. We will notify everyone by e-mail when we do!
    Make sure to sign up for updates so you do not miss any, by
    clicking here.

    Lead Plaintiff:
    A Lead Plaintiff is one that MUST meet the criteria of the Class Plaintiff.
    A Lead Plaintiff will make decisions on behalf of the Class of Plaintiffs.
    The Lead Plaintiff must have a claim that is similar to other Lead Plaintiffs.
    In that the more of the six methods their respective WCB/WSIB/WorkSafe used against them the better.
    The Lead Plaintiff must be willing to be available, be able to attend important meetings, and be deposed by opposing counsel, if required.

    Presently, the list for Lead Plaintiffs is Closed. By order of the Court. However, this may change after the Motion for representation is heard by the Court in 2023.
    We will notify everyone by E-mail when this does change!
    Make sure to sign up for updates so you do not miss any, by
    clicking here.



    There are a considerable number of court documents published on this section of the website. Please respect the individual’s privacy. Please do not harass them. Also, please do not contact them without their prior consent. To obtain their consent send an e-mail to fightwcb@gmail.com
    Individual privacy is paramount. Every effort has been made to protect people’s privacy. However, if a document has been inadvertently published with your personal contact information, please send an e-mail to fightwcb@gmail.com and it will be rectified.
    Please note we have no control over others, such as the Defendants or court filed documents.



    The Group is Proceeding with the Ontario's Charter Claim First!

    At pressent, there has been a Charter Claim filed in three jurisdictions in Canada, being British Columbia, Alberta, and Ontario. There has also been strong interests to file in many other jurisdicitons in Canada including, Manitoba, Saskatchewan, Nova Scotia, New Brunswick, and many others.

    For simplicity the gorup has decided to proceed with Onatrio's claim first.

    To see the progress of Ontario's Claim



     

    National Charter Class Claim - Legal Fund Raising

    A GoFundme page has been setup to attempt to raise money
    to cover some, or maybe some day,
    all of the costs of filing and legally fighting for
    the #NationalCharterClassClaim.



    The following individuals have provided donations.
    This is in addition to those individuals who are listed on the GoFundme page:

    Name Prov/Terr Amount
    David Curtis Ontario $210

    On behalf of ALL workers injured while working in Canada,
    we are EXTREMELY GRATEFUL for those of you who have made such a generous donation!
    Sadly, the majority of the donations have been from injured workers who have very little monies.
    This is because they were unjustly accused by the WCBs of faking their injuries as a direct result of their employer’s workplace.
    Then they were unjustly denied their lawful RIGHT to workers compensation. As a result, they were inhumanely forced back to work.
    Where many were re-injured and/or suffered new injuries!
    Many being forced onto Canada’s taxpayer funded and social income programs or in rare cases forced to use private insurance.

    This all so Canada’s WCBs can give Rebates back to bad employers!

    Return to Top of Page





    Copyright 2020 FightWCB

    The information contained within this website, should not be taken in place of legal advice.
    This website and the information contained here are not meant as legal advice, but rather to educate people of their options and how they work.
    The editors and creators of the website accept no legal responsibility for liability from the information contained in this website, in any e-mails or zoom meetings.