Decision A0346.05
Full Text of Decision A0346.05
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| parental benefits |
charter |
adoptive versus maternal |
|
Summary:
The issue is whether the EI Act discriminates under the Canadian Charter of Rights and Freedoms against adoptive mothers by providing up to 50 weeks of benefits to biological mothers as opposed to up to 35 weeks of benefits to adoptive mothers. In a lengthy and comprehensive decision, the FCA concluded that the EI Act does not discriminate against adoptive mothers. The Court relied heavily on the Schafer decision of the Ontario Court of Appeal (1997) and a decision of the BC Court of Appeal involving the BC Government and Services Employees' Union (2002). The Supreme Court denied the claimant leave to appeal on January 24, 2008
