Human Resources Committee on May 26th, 2010

[The Vice-Chair, Liberal, Raymonde Folco]

This marks the 17^th meeting of the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities, held today, Wednesday, May 26, 2010, from 3:30 p.m. to 5:30 p.m.

As the agenda indicates, pursuant to the Order of Reference of Friday, May 7, 2010, we are studying Bill C-13, An Act to amend the Employment Insurance Act.

For the very first part of our meeting this afternoon, we have two witnesses. First of all we have, as an individual, Madam Duquette, who is present here. Welcome, Madam Duquette. Bonjour.

As well, I understand that her spouse, Mr. James Duquette, is participating by video conference from Kabul, Afghanistan. Welcome, Mr. Duquette.

We'll begin. How are we going to do this? Madam Duquette, would you like to do a presentation first? Has something been organized as to who speaks first?

[Anne Duquette, As an Individual]

We haven't organized that yet.

[The Vice-Chair, Liberal, Raymonde Folco]

You haven't organized anything yet.

[Anne Duquette]

No.

[The Vice-Chair, Liberal, Raymonde Folco]

Mr. Duquette, would you like to be the first to speak, seeing you're so far away and you've been waiting--before you fall asleep over there?

[Lieutenant-Colonel James Duquette, As an Individual]

As you please, madame. I'm more than willing to let Anne go first, but it's your call.

[The Vice-Chair, Liberal, Raymonde Folco]

It's your call.

Go ahead.

[LCol James Duquette]

Okay. Thank you.

Good afternoon, everyone back in Canada. It's an honour to have been asked to testify before this committee.

I am Lieutenant-Colonel James Donald Ernest Duquette, and I am currently serving in Kabul, Afghanistan, under the North Atlantic Treaty Organization as a member of the International Security Assistance Force.

Do you want me to pause for the interpreter, ma'am?

[The Vice-Chair, Liberal, Raymonde Folco]

Don't pause. Go right ahead. They'll let us know if you're going too fast. Keep going.

[LCol James Duquette]

Okay.

Today I'd like to outline the circumstances surrounding my application for and subsequent denial of parental benefits. Specifically, I would like to highlight an omission in the Employment Insurance Act that is negatively impacting the lives of many operational veterans currently serving in the Canadian Forces and their families.

On October 31, 2003, my wife, Anne, announced that she was pregnant with our first child. A few days later, I was informed by my career manager that I had been selected for a year-long deployment as a member of the United Nations Disengagement Observer Force in the Golan Heights, Israeli-occupied Syria, starting the following summer.

Following a lengthy period of training, I returned home to witness the birth of my son, Jacob, on July 13, 2004, and was then deployed four days later. Throughout my training and the majority of my deployment, I made it known to my chain of command that while the mission must come first, I intended to balance that by applying for parental leave upon my return to Canada in order to share in the care of our baby, to live up to my family responsibilities, and to bond with Jacob. Unfortunately, it was not possible during this period to start the administrative process, as the request has to be approved by the losing unit and my post-deployment posting was not determined until approximately 11 months into my tour.

Upon receipt of my posting message to the Canadian Forces information operations group in Ottawa, I applied for parental leave commencing immediately upon my return to Canada. Unfortunately, my request was denied. As it turns out, my 54-week deployment as a United Nations peacekeeper was longer than the eligibility period to receive parental benefits under the Employment Insurance Act. Since reception of parental benefits is a prerequisite for the approval of parental leave, denial under the Employment Insurance Act gave my chain of command no choice but to reject my request for parental leave.

At that point in time, I had been a member of the Canadian Forces for 14 years, and it must be stressed that employment insurance premiums had been deducted from my monthly salary throughout that time. In order to better understand the reasons why I had been denied parental benefits and subsequently parental leave, I read through the Employment Insurance Act and found that there are certain circumstances within the act that would have allowed for an extension of the 52-week eligibility period. These circumstances focus on situations that would preclude a family from being in a position to bond as a unit, such as hospitalization, and surprisingly, being confined in a jail, penitentiary, or other similar institution. Having been away from my young family for extended periods of time, I can truly empathize with anyone who must go through that, regardless of the reasons for the separation. However, it did not seem right that the laws of Canada would specifically accommodate for the quality of life for convicted criminals while omitting similar provisions for members of the Canadian Forces deployed on active operations.

When discussing this matter with other leaders within the Canadian Forces and those working as administrative staff within the orderly rooms, I was also disheartened to find out that my situation was not unique. While I do not have specific names of other service members who have been denied parental leave due to operations, it is my understanding that similar circumstances occurred to significantly reduce the period of parental leave eligibility for many members returning from international operations such as our mission in Afghanistan, and no doubt domestic operations, such as support to the recent Olympics.

Following the birth of our daughter, Megan, in 2006, I again applied for parental leave and was granted it this time. I can wholeheartedly say that it was one of the best periods of my life. It brought our entire family closer together. It enabled me to share in the challenges of raising a newborn for the first time--Anne had already done it once--and it provided me with the opportunity to build a closer relationship with my wife, Anne, and our son, Jacob. That period was the beginning of a true lifelong family connection and it laid the foundation for an amazing relationship that we continue to share.

This period had such an effect on me that I have encouraged, and I continue to encourage, any soon-to-be military fathers to take advantage of this benefit as well. I'd like to take this opportunity to note that as an officer I realize that parental leave is a fairly recent entitlement for the Canadian Forces, and I fully understand how difficult it must be to ensure that all relative active legislation is aligned with changes within the policy of an individual department.

As a father and a soldier, I appeal to this committee to endorse the recommended amendment to the Employment Insurance Act. It will directly enable Canadian Forces members like me to answer the call of duty to Canada, as well as live up to their duties as parents.

Subject to your questions, that concludes my statement.

[The Vice-Chair, Liberal, Raymonde Folco]

Thank you, Major.

Before we address questions, I'll ask Madam Duquette to make a first presentation, after which we'll have the questions.

Madam Duquette.

[Anne Duquette]

Thank you.

My name is Anne Duquette. I thank you for the opportunity today to allow me to testify in support of the amendment of Bill C-13.

I speak from the perspective of a military spouse and encourage you to amend the Employment Insurance Act as requested.

I would like to share with you what our family endured during my husband Major Duquette's deployment in 2004.

I'll just note that we weren't 100% sure whether Jim could speak, so some of this is repetitive.

[The Vice-Chair, Liberal, Raymonde Folco]

That's fine. Go ahead.

[Anne Duquette]

While I can only speak directly for myself, there are many other military families who have run into this obstacle in the past and others who will run into it in the future if it is not changed. For this reason, I stand for all military spouses whose partners have been and will be deployed.

Our situation began in 2004. Jim was to be deployed to the Golan Heights on a year-long tour of duty. At the time of his departure, I was at the end of my pregnancy, anxiously awaiting the birth of our first baby, hoping he would arrive in time to meet his dad.

In addition to the impending year overseas, Jim was away from home completing the necessary predeployment training for the majority of my pregnancy. Jacob arrived safely on July 13, 2004, by emergency C-section. Jim spent the first two nights of Jacob's life sleeping in a chair by my hospital bedside. The third night was spent at home together as a family. The next morning Jim deployed.

It was a difficult first year of parenthood, to say the least. Having to keep our home and all associated duties in order, coupled with the daily worry for Jim's safety and well-being, was a huge challenge. Now add a newborn into the equation.

For a first-time parent, I was put to the ultimate challenge. I was alone with a newborn; I had no backup, no help during the sleepless nights, no one to reassure and affirm my new parenting skills, and my nearest family member was six hours away. Fortunately, Jacob was an easy baby, and my sister relocated and moved in to help. As for Jim, he missed out on his son's first year, time he will never get back. He missed his first smile, first time sitting, his first hugs and kisses, and his first steps, even. In the back of our minds was the constant question: would they eventually be able to bond as father and son? Jim got to know and see his son grow via e-mails, photos, and stories.

But that's not where my problem lies. Jim chose his career and accepted the likelihood of deployment. I accepted this when we entered into marriage. We both accepted this when we chose to start our family. The problem occurred once he returned home, one month after Jacob's first birthday.

Jim applied for parental leave upon returning to Edmonton. Prior to his deployment we had discussed how he could use the precious leave time to bond with Jacob, learn how to be a father, and reconnect with me. We were no longer just the two of us. Reintegration is difficult enough for any military family following a deployment, and our family had now fundamentally changed. A year apart was more bearable with the expectation of a wonderful parental leave together upon his return; however, disbelief set in when Jim returned home in August 2005 and was denied parental leave because he was no longer eligible for parental benefits under the Employment Insurance Act.

The Employment Insurance Act stipulates that parental benefits can only be received up to 52 weeks after birth or adoption. There are only a few exceptions to this, one being if a person is in jail for the year following the birth. There are no exceptions for military duties. A convict has more rights than a member of the armed forces serving our country, risking their life on a daily basis because our government has directed them to do so.

At the time we had nowhere to go, and no one could help us. Jim ran into wall after wall while pursuing this injustice, and returned to work as commanded. Shortly after, we were posted to Ottawa. Our daughter, Megan, was born in 2006, and Jim was able to take his parental leave this time, as he was not deployed.

What an incredible contrast. Parenting was fun and much easier for both of us. We could share both household and child duties. We bonded and became stronger as a family. Megan is still daddy's little girl to this day. Jim was able to share with joy and amazement each and every one of her firsts. We can never get back what he missed in Jacob's first year of life, but he will never forget Megan's.

A chance meeting with MP Pierre Poilievre, while on a door-to-door campaign, gave us an opening in the wall that we had previously banged up against. Thankfully, Mr. Poilievre looked into the current act and realized the need to change it.

I'm proud of my husband, his comrades, and their families. This change will not benefit our family personally, as it is years too late, but it will help many military families today and in the future.

Thank you for allowing me to share my perspective with you today. Please support our troops and the families that await them at home.

[The Vice-Chair, Liberal, Raymonde Folco]

Thank you very much, Madam Duquette.

Before I open it up to questions, I'd like to say that Mr. Poilievre is here today, so he'll be able to ask some questions or have some comments.

I think I speak on behalf of everybody in this room, not just the MPs, that we very much appreciate, first of all, Major Duquette, your being able to speak to us from so far away, and Madam Duquette, the courage that you have. We talk about the courage of our soldiers abroad, and we are very proud of you, but the courage of the wives and husbands who remain here, we really admire you. Thank you very much for coming today, both of you, either by teleprompter or being here physically.

I'll open up the first round, which will be seven minutes. We'll begin with Mr. Savage.

[Michael Savage, Liberal, Dartmouth—Cole Harbour, NS]

Thank you, Madam Chair.

Major Duquette, Mrs. Duquette, thank you very much for being with us today. Let me thank you, Major Duquette, for the service that you're providing to our country, and also Mrs. Duquette, for the work you're doing as well in support of the family.

It feels a little bit like the Oprah Show or something, where they reunite families every now and then. I can tell by looking at Jim's face when he sees your picture how happy he is just to see you, and vice versa.

I come from a military area, the east coast, the home of Canada's east coast navy and many other serving personnel. I meet all the time with people who are in the position of either being on their way to Afghanistan, or just back, or serving. I think of families like the Gascoigne family; their son is on my son's soccer team, and I see how they cope with the stress of military life. The division of families, the separation of families, is very difficult. You've summed it up with typical stoicism that it's a choice you've made and you accept that responsibility, but nonetheless it is above and beyond the call, so we thank you for that.

I guess the only question I have would be for either one of you. You've both indicated that this is a bit of a passion for you, having gone through the experience and seen both sides of it. It might not affect you anymore, but can you just talk a little about what you think this change might mean to other military families who might be affected by it?

[The Vice-Chair, Liberal, Raymonde Folco]

Go ahead, Major.

[LCol James Duquette]

Having had the opportunity to spend the parental leave period at home with Megan, Anne, and Jacob, I know 100% the value of parental benefits, parental leave. As Anne said, it was a night-and-day difference. We came closer together as a family. I know in my heart that's the right thing to do as a father.

What frustrated me was knowing how many other people this affects and knowing that there are other guys--guys who might not be senior officers like me, who might be uncomfortable talking on video conference, who...[Technical difficulty--Editor]

[The Vice-Chair, Liberal, Raymonde Folco]

Major, we've lost you, but we will get you back.

Is there a technician? Thank you.

Major, I apologize, we had a technical problem. I think you realized that, but we're back on the air. Please go ahead.

[LCol James Duquette]

I'm a communications officer, I fully understand.

[Voices]

Oh, oh!

[LCol James Duquette]

As I was saying, this affects privates and corporals, young families across the forces. Whether it be in Afghanistan, any of our other UN missions, or domestic operations, it's affecting a lot of guys who are simply saluting and soldiering on, and it's just not right. It's available, and the benefits that would bring to the families as a whole, you can't put a value on that.

[The Vice-Chair, Liberal, Raymonde Folco]

Madam Duquette, would you like to add something?

[LCol James Duquette]

Sorry, can I throw in one more thing?

[The Vice-Chair, Liberal, Raymonde Folco]

Please.