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Leave Threatened
Call For Action: Maternity & Parental Leave Threatened
The following Appeal was drafted by a small group of feminist activists
-- Bev Bain, Maryann Bird, Barbara Cameron, Marjorie Griffin Cohen,
Shelagh Day, Martha Friendly, Martha Jackman, Kerry McCuaig and Leah
Vosko -- who see an urgent need for a collective response to protect
maternity and parental leave benefits offered through Employment Insurance.
We ask you to read our Appeal, act on it and circulate it through
your networks.
On January 27,
2004, the Quebec Court of Appeal found in a unanimous decision that
the sections of the federal Employment Insurance Act that provide
EI benefits during maternity and parental leave are outside the constitutional
jurisdiction of the federal government. This opinion is an advisory
one and it does not strike down the provisions of the federal law.
However, such advisory opinions by the courts have tremendous legal
legitimacy and political significance. A failure on the part of the
federal government to appeal the decision to the Supreme Court could
imply acceptance of this interpretation of its jurisdiction. If left
unchallenged, the decision could be used to limit further the federal
role in social policy and justify inaction around measures to advance
women's equality. The federal government has 30 days to appeal.
We understand
that this ruling is seen by women in Quebec as having different and
positive implications for them. They are counting on their government
to provide superior maternity and parental benefits to those offered
under the EI program. We recognize that, because of its distinctiveness,
Quebec is entitled to a different relationship with the federal government
than provinces and territories in the rest of Canada.
However, we believe
that this distinctiveness can and must be recognized -- in maternity
and parental benefits as in other areas -- in ways that do not weaken
the capacity of the federal government to address women's social inequality
in the rest of the country. For this reason, it is vitally important
that you contact by email, telephone or letter Prime Minister Paul
Martin and key members of his Cabinet. The contact information is
provided below.
You should also
call your own Member of Parliament and will find his/her contact information
(using your home postal code) at the following website:
http://www.parl.gc.ca/information/about/people/house/PostalCode.asp?lang=E&source=sm
The message to
deliver to the Liberal government is simple: the federal government
must immediately announce its intention to appeal the decision of
the Quebec Court of Appeal. You may also wish to urge the federal
government to raise maternity and parental benefits through EI to
make them parallel to those offered Quebec parents under the 2001
Quebec Parental Insurance legislation.
This would involve:
- Restoring coverage
for part-time workers by requiring an annual income of $2000 to qualify
(as in the Quebec legislation) or by an equivalent reduction in the
hours-worked requirement under EI.
- Increasing the
wage replacement rate from the inadequate EI rate of 55%. (The Quebec
legislation offers a choice of 40 weeks at 75% of income, or two periods
of 25 weeks each, one at 70% and one at 55%).
- Providing coverage
for self-employed workers.
Please circulate this Appeal for Action as widely as possible by forwarding
it to your email lists with a personal message to women to take action.
For your information:
A network on Women's Economic and Social Rights is currently being
formed to monitor this issue and to ensure that women's equality is
put back on the Canadian political agenda. We are dedicated to working
with Quebec women in a spirit of solidarity and mutual respect as
this issue moves forward. If you believe such a network is needed
and are interested in hearing more, please email: womensequality@sympatico.ca.
A temporary website
has been established for the campaign around maternity/parental benefits.
Updates will be posted on this and other issues. You will find it
at: http://www.atkinson.yorku.ca/~bcameron/womensequality/womense0411.html
Key Members of the Liberal Government
to contact:
The Right Hon.
Paul Martin, P.C., M.P.
Prime Minister
Telephone: (613) 992-4211
Fax: (613) 941-6900
E-Mail: pm@pm.gc.ca
The Hon. Jean
Augustine, P.C., M.P.
Minister of State (Multiculturalism and Status of Women)
Telephone: (613) 995-9364
Fax: (613) 992-5880
E-Mail: Augustine.J@parl.gc.ca
The Hon. Irwin
Cotler, P.C., M.P.
Minister of Justice and Attorney General of Canada
Telephone: (613) 995-0121
Fax: (613) 992-6762
E-Mail: Cotler.I@parl.gc.ca
The Hon. Liza
Frulla, P.C., M.P.
Minister of Social Development
Telephone: (613) 995-6403
Fax: (613) 995-6404
E-Mail: Frulla.L@parl.gc.ca
The Hon. Joseph
Volpe, P.C., M.P.
Minister of Human Resources and Skills Development
Telephone: (613) 992-6361
Fax: (613) 992-9791
E-Mail: Pettigrew.P@parl.gc.ca
The Hon. Pierre
S. Pettigrew, P.C., M.P.
Minister of Health, Minister of Intergovernmental Affairs and Minister
responsible for Official Languages
Telephone: (613) 995-8872
Fax: (613) 995-9926
E-Mail: Pettigrew.P@parl.gc.ca
The Hon. Dr.
Carolyn Bennett, P.C., M.P.
Minister of State (Public Health)
Telephone: (613) 995-9666
Fax: (613) 947-4622
E-Mail: Bennett.C@parl.gc.ca
The Hon. John
Godfrey
Parliamentary Secretary to the Prime Minister with special responsibility
for Cities
Telephone: (613) 992-2855
Fax: (613) 995-1635
Email: Godfrey.J@parl.gc.ca
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