Land Mark Decision Reached for Canadian Multiple-Birth Parents

News & Information
from Multiple Births Canada

  Information Circular - BO-09-18-09-#1                                                      FOR IMMEDIATE RELEASE
  Wasaga Beach, ON                                                                                                        September 18, 2009

Update on Christian Martin EI Challenge

September 11th, Christian Martin met with a three-person Board of Referees at his EI hearing in Ottawa.  The hearing was his opportunity to provide supporting evidence as to why both qualified parents of twins should be able to draw EI parental benefits at the same time.  Christian received word on September 14th that the Board had unanimously allowed the appeal.  In his words:

The decision on my case was made remarkably quickly. And guess what, I WON! It is so nice to see my position is finally vindicated.

Before expecting and new multiple-birth parents get excited about this, everyone should know that this victory is primarily symbolic at this point, and those wishing to take advantage of this [strategy] now take the risk of getting nothing if the decision is overturned. However, if the decision does stand, they will not be eligible [for EI parental leave benefits] if they don't leave work to care for their children. This was the choice that I faced and still do face.

The government has 60 days to appeal. I will let everyone know whether or not the government makes an appeal. However, I fully expect the current decision to withstand closer scrutiny and to be bolstered by the charter argument, which has not yet been considered. The onus is now on the government to show that its policy was lawful, rather than the other way around.

I really need to thank the Cavalluzzo Hayes Shilton McIntyre & Cornish law firm in Toronto. Stephen Moreau was the one that argued my case and he did a brilliant job. Thanks also to Robyn White and Andrew MacIsaac from the same firm for their research and support. They crafted the arguments very well and provided firm grounding in the law and previous cases needing to be considered for my case. I also need to thank Multiple Births Canada for supporting me and providing studies showing that caring for more than one child at once has its additional challenges compared with single birth children. Gail Moore, Donna Launslager and Lynda Haddon in particular.

MBCs response to the decision is documented in this media release: 
www.multiplebirthscanada.org/english/documents/MBCApplaudsEIDecision-September2009.pdf

Christian has kindly provided MBC with detailed information on the legal aspect of his hearing, families considering following the same course of action are encouraged to contact Gail Moore at mbcchair@multiplebirthscanada.org.

The Globe is already doing the story: ..
http://www.theglobeandmail.com/news/national/parents-of-twins-double-their-ei-benefits/article1292044/

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