Summary of Issue: Twins

Decision T2627.14 Full Text of Decision T2627.14

Claimant argues that providing a single set of EI parental benefits to parents of twins is discriminatory under the CHRA. The claimant stayed her appeal at the SST-AD and had it dismissed based on the outcome in Martin. She claims this position is contrary to the actions of the Umpire, who in granting her stay indicated that once Martin was determined, the Applicant could take the appropriate legal steps to resolve her case. FCA agrees that the claimant did not receive a final determination regarding discrimination at the SST-AD. However, the FCA disagrees that her human rights issues have not been addressed. Despite the errors in the report regarding finality and other redress procedures, the decision in Martin in and of itself provides reasonable justification not to deal with the claimant’s complaint. The application of the claimant was dismissed.

Decision A0243.11 Full Text of Decision A0243.11

On April 21, 2009, Mr. Martin’s (claimant) spouse gave birth to twin girls. The claimant’s spouse applied online for 35 weeks parental benefits. The claimant also submitted an online application for 35 weeks of parental benefits but requested that his claim be considered separately from his spouse, which had already been processed and accepted. The Commission denied the claimant’s application as his spouse had already been granted the maximum 35 weeks of parental benefits under the EIA. The claimant appealed the decision alleging that the EIA actually provided for 35 weeks of parental benefits to be paid to both parents in the event of twins. The FCA concluded that the EIA cannot be interpreted to allow each parent of twins to receive 35 weeks of parental benefits.