Former Crown lawyer files Charter challenge over workers’ compensation system

Former Crown prosecutor Brandon Trask is taking legal action against the Workers’ Compensation Board and the Nova Scotia government over the province’s limits on compensation for injured workers. Trask, who was diagnosed with post-traumatic stress disorder (PTSD) after working on cases involving child sexual abuse offenses, found himself unable to continue his work as a Crown attorney. This led him to pursue a new career as a law professor in Manitoba, where he faced a significant decrease in salary.

Trask was shocked to discover that he was not eligible for loss-of-income compensation due to Nova Scotia’s cap on benefits for injured workers. The province has the lowest benefits available to injured workers in Canada, with the maximum benefit rate being calculated annually by multiplying the average industrial wage by 135.7%. This percentage has been set in provincial legislation since 2009, with the maximum annual compensation capped at $72,500 in 2024.

In 2019, when Trask was injured, the maximum compensation was limited to $60,900, a significant difference from his previous salary of $127,000. Despite these challenges, both the Workers’ Compensation Board and the province declined to comment on Trask’s Charter challenge.

Trask is arguing that parts of the Workers’ Compensation Act in Nova Scotia are unconstitutional, as they infringe on his rights under the Charter of Rights and Freedoms. These include the criteria for the maximum benefits cap and the stipulation that injured workers cannot sue their employer. Trask believes that the current workers’ compensation system in Nova Scotia puts workers in difficult financial situations, especially if they have made significant life decisions based on their salary.

Having worked on cases involving “really horrific offenses” against vulnerable individuals, Trask feels unappreciated and disheartened by the need to fight for compensation. He believes that the current system is unjust and hopes that his legal challenge will bring about necessary changes to support injured workers in Nova Scotia.

In conclusion, Trask’s story sheds light on the challenges faced by injured workers in Nova Scotia and the need for a fair and equitable workers’ compensation system. By advocating for his rights through a Charter challenge, Trask is taking a stand for all workers who find themselves in similar situations.