Says parts of province's Workers' Compensation Act unconstitutional
A former Nova Scotia Crown prosecutor has launched a Charter challenge against the province’s Workers’ Compensation Board and government, alleging that parts of the province's Workers' Compensation Act are unconstitutional.
Specifically, Brandon Trask – who worked for the Nova Scotia Public Prosecution Service for nearly four years – argues that the province’s workers' compensation limits deny fair compensation, says a CBC article.
Trask developed post-traumatic stress disorder (PTSD) after two years of prosecuting child sexual abuse cases, which left him unable to continue in his role as a Crown attorney. Unable to return to his previous position, Trask accepted a law professor role at a significantly lower salary.
However, he was shocked to discover that Nova Scotia’s workers’ compensation system would not cover his loss of income due to the province’s cap on benefits for injured workers.
"I did not realize until I found myself in this situation that Nova Scotia had such a ridiculously low cap," Trask told CBC. A previous CBC report indicates that Nova Scotia offers the lowest workers' compensation benefits in Canada, underscoring Trask’s concerns about the adequacy of the province’s support for injured workers.
A review of the system at the Workers' Compensation Board (WCB) of Nova Scotia also called for some improvements within the system to better support workers. Nova Scotia has the highest average assessment rate across Canada at $2.65 per $100 of assessable payroll, according to the report by the Workers’ Compensation Review Committee.
A total of 1,078,534 working days were lost to workplace injury in Nova Scotia in 2021, according to the province’s WCB.
The province's maximum benefit is adjusted annually and is based on a formula established in 2009, which uses 135.7% of the average industrial wage in Nova Scotia. For 2024, the benefits cap is $72,500, a marked increase from the 2019 cap of $60,900—the year Trask was diagnosed with PTSD.
Yet even with recent adjustments, the cap falls short for high-income earners like Trask, whose Crown attorney salary was $127,000 before his diagnosis, according to CBC.
Trask's legal filing, which he is bringing before the Nova Scotia Workers' Compensation Tribunal, argues that parts of the Workers' Compensation Act violate his rights under the Canadian Charter of Rights and Freedoms. He contends that the legislation unjustly restricts his right to pursue a livelihood, contravenes principles of fundamental justice, and denies equality under the law.
Under current provincial rules, injured workers are prevented from suing their employer, effectively limiting recourse options for those impacted by the compensation cap, says the article.
Trask highlighted the financial strain the legislation can place on injured workers who rely on their salaries to make significant life decisions, such as buying a home or supporting a family. “Workers who have made significant decisions in their lives... could be put in very difficult financial situations by Nova Scotia’s current workers’ compensation system if they are injured on the job and not fully compensated,” he told CBC.
The Nova Scotia Department of Labour issued a response, noting that employers are free to supplement workers' compensation payments so employees receive an amount closer to their original salary, according to the report. However, both the Workers’ Compensation Board and the Nova Scotia government declined to comment on the legal challenge itself, CBC said.
Trask said he was injured from prosecuting "really, really horrific offences, including those committed against some of the most vulnerable people," only to be left fighting for compensation.
"It's not a good feeling," he said.
In 2017, one group called for an overhaul of Nova Scotia’s workers compensation system.
