This page has been setup to provide information to constitutionally challenge the laws that create and allow the WCB to act the way they do.
Probably one of the most important things to know in law is the importance
of the Constitution of the Country.
In Canada under Section 52 it states that the Constitution
and all its parts are the supreme law of Canada.
Therefore any law that is in contravention is of no effect, or void.
Charter Claim Against All WCBs
I initially believed that one could not file a class action against a WCB in Canada however and surprisingly in Ontario the case of Castrillio v. WSIB proved me and many others wrong.
Filing a national class action lawsuit will not be possible as the claim would fail, due to a lack of jurisdiction of the court. If a claimant filed in Newfoundland to sue another WCB in say Alberta the claim would fail due to the fact the Newfoundland court has no jurisdiction in Alberta.
Then I thought and realized the Charter provides a section called s. 24 and a Canadian can asks the court for any relief deemed appropriate. The best part is that the Charter, which is part of the Constitution is national meaning no boundaries. I have drafted my Constitutional Question and will file with the court, if allowed by the court very soon. If I am successful, which I am extremely skeptical I will not be, this will mean all injured worker sin Canada will benefit. Stay tuned!
The first law to be challenged will be Ontario's WSIB's law WSIA RSO 1997, and the former WCB Act RSO 1990 .
To learn how to launch a challenge against the WSIB law see the page here.
If a hundred, or a thousand, or ten thousand injured workers on their own, file individual constitutional challenges, then things would have to change for the better for victims of workplace accidents.
Only change can come in numbers!
Ontario - Workplace Safety & Insurance Board - WSIB (Formerly Ontario WCB):
Manitoba Workers Compensation Board:
To learn how to Constitutionally challenge the Manitoba Workers Compensation Act Click here.
Saskatchewan Workers Compensation Board:
To learn how to Constitutionally challenge the Saskatchewan Workers Compensation Act Click here.
Alberta Workers Compensation Board:
To learn how to Constitutionally challenge the Alberta Workers Compensation Act Click here.
British Columbia Workers Compensation Board - WorksafeBC:
To learn how to Constitutionally challenge the British Columbia Workers Compensation Act Click here.