Bill C-413 (Historical)

An Act to amend the Employment Insurance Act and the Canada Labour Code (extension of benefit period for adoptive parents)

This enactment amends the Employment Insurance Act and the Canada Labour Code to ensure that an adoptive parent is entitled to the same number of weeks of leave as the biological mother of a new-born child.

Employment Insurance

[Jim Maloway, NDP, Elmwood—Transcona, MB]

Mr. Speaker, I have two petitions to present today.

The first petition is signed by dozens of Manitobans and calls for equal employment insurance benefits for adoptive parents. The current EI program provides adoptive parents with 35 weeks of paid leave, followed by a further 15 weeks of unpaid leave. A biological mother is given both the first 35 weeks and the latter 15 weeks as paid leave.

We all know that adoptions are expensive, lengthy and stressful to the adoptive parents and their family. There have been recent studies that have shown an additional 15 weeks of paid leave would help the parents support their adoptive children and would help them through a very difficult period.

The petition calls on the Government of Canada to support Bill C-413 tabled by the MP for Burnaby—New Westminster, which would amend the Employment Insurance Act and the Canada Labour Code and ensure that adoptive parents are entitled to the same number of weeks of paid leave as a biological mother of a newborn child.

[Jim Maloway, NDP, Elmwood—Transcona, MB]

Mr. Speaker, I have the pleasure to present two petitions today.

The first petition is signed by dozens of Manitobans. It calls for the equal employment insurance benefits for adoptive parents. Canadians believe that adoption is important in a compassionate and just society. Under the current EI program, adoptive parents receive 35 weeks of paid leave and another 15 weeks of unpaid leave. A biological mother is given both the first 35 weeks and the latter 15 weeks as paid leave.

We all know that adoptions are expensive, lengthy and stressful to the adoptive parents and their families. Recent studies have shown that an additional 15 weeks of paid leave would help parents to support their adopted children and would help them through a difficult period.

The petitioners call upon the Government of Canada to support Bill C-413, tabled by my colleague, the MP for Burnaby—New Westminster, which would amend the Employment Insurance Act and the Canada Labour Code to ensure that an adoptive parent is entitled to the same number of weeks of paid leave as the biological mother of a newborn child.

[Jim Maloway, NDP, Elmwood—Transcona, MB]

Mr. Speaker, I have two petitions to present today.

The first petition is signed by dozens of Manitobans. The current EI program provides adoptive parents with 35 weeks of paid leave, followed by a further 15 weeks of unpaid leave. Biological mothers are given both the first 35 weeks and the latter 15 weeks as paid leave. We know that adoptions are expensive, lengthy and stressful to adoptive parents and their families. There have been recent studies out that an additional 15 weeks of paid leave would help parents to support the adoptive children and to help them through a difficult period.

The petitioners call on the Government of Canada to support Bill C-413 tabled by my colleague, the member for Burnaby—New Westminster, which would amend the Employment Insurance Act and the Canada Labour Code to ensure that an adoptive parent is entitled to the same amount of paid leave as the biological mother of a newborn child.

[Jim Maloway, NDP, Elmwood—Transcona, MB]

Mr. Speaker, I have two petitions to present today.

The first petition is signed by dozens of Manitobans who are calling for equal employment insurance benefits for adoptive parents. The current EI program provides adoptive parents with 35 weeks of paid leave, followed by a further 15 weeks of unpaid leave. A biological mother is given both the first 35 weeks and the latter 15 weeks as paid leave.

We all know that adoptions are expensive, lengthy and stressful for the adoptive parents and their families. Studies have shown that an additional 15 weeks of paid leave would help parents to support their adoptive children and help them through a very difficult period.

The petitioners call upon the Government of Canada to support Bill C-413 tabled by my colleague, the member for Burnaby—New Westminster, which would amend the Employment Insurance Act and the Canada Labour Code to ensure that adoptive parents are entitled to the same number of weeks of paid leave as the biological mother of a newborn child.

[Jim Maloway, NDP, Elmwood—Transcona, MB]

Madam Speaker, I have two petitions to present today.

The first petition was signed by dozens of Manitobans calling for equal employment insurance benefits for adoptive parents. Under the current EI program, adoptive parents have 35 weeks of paid leave, followed by a further 15 weeks of unpaid leave. The biological mother is given both the first 35 weeks and the latter 15 weeks as paid leave.

We all know that adoptions are very expensive, lengthy and stressful to the adoptive parents and their families. Recent studies have shown that an additional 15 weeks of paid leave would help parents to support their adopted children and help them through a very difficult period in their life.

The petitioners call upon the Government of Canada to support Bill C-413 tabled by the MP for Burnaby—New Westminster, which would amend the Employment Insurance Act and the Canada Labour Code to ensure that an adoptive parent is entitled to the same number of weeks of paid leave as a biological mother of a newborn child.

[Jim Maloway, NDP, Elmwood—Transcona, MB]

Mr. Speaker, I have two petitions to present today.

The first petition is signed by dozens of Manitobans and calls for equal employment insurance benefits for adoptive parents.

Canadians realize that adoption is important in a compassionate and just society. They realize that the current EI program provides adoptive parents with 35 weeks of paid leave, followed by a further 15 weeks of unpaid leave. A biological mother is given both the first 35 weeks and the latter 15 weeks as paid leave. We know that adoptions are expensive, lengthy and stressful for the adoptive parents and their families. Recent studies have shown the additional 15 weeks of paid leave would help parents to support their adopted children and help them through a very difficult period.

The petitioners call on the Government of Canada to support Bill C-413, tabled by the MP for Burnaby—New Westminster, which would amend the Employment Insurance Act and the Canada Labour Code to ensure that an adoptive parent is entitled to the same number of weeks of paid leave as a biological mother of a newborn child.

[Jim Maloway, NDP, Elmwood—Transcona, MB]

Mr. Speaker, my petition is signed by dozens of Manitobans and calls for equal employment insurance benefits for adoptive parents.

Canadians realize that adoption is important and compassionate in a just society. The current EI program provides adoptive parents with only 35 weeks of paid leave, followed by a further 15 weeks of unpaid leave. The biological mother is given both the first 35 weeks and the latter 15 weeks of paid leave.

We all know that adoptions are expensive, lengthy and stressful to the adoptive parents and their families. Recent studies have shown that the additional 15 weeks of paid leave will help these parents to support their adopted children and help them through a very difficult period.

The petitioners call upon the Government of Canada to support Bill C-413, tabled by the MP for Burnaby—New Westminster, which would amend the Employment Insurance Act and the Canada Labour Code to ensure that an adoptive parent would be entitled to the same number of weeks of paid leave as the biological mother of a newborn child.

Support Measures for Adoptive Parents

[Jim Maloway, NDP, Elmwood—Transcona, MB]

Mr. Speaker, I am very pleased to follow the hon. member. I think this is a very important measure that the member for Essex has introduced. In fact, I noted a press release that he sent out on October 30, 2009, where he called on Parliament to examine current federal support measures available to adoptive parents and their children. He said:

Let us agree there is equal value for parenting whether one is biological or adoptive. And let us also agree there is equal value for children whether biological or adopted. And let this fundamental accord ultimately find full expression in the policy choices of government.

I thought that was very well put and a very good introduction to what he wants to do here. The resolution itself reads:

That the Standing Committee on Human Resources, Skills and Social Development, and the Status of Persons with Disabilities be instructed to examine current federal support measures that are available to adoptive parents and their adopted children, recognizing and respecting provincial and territorial jurisdictions in this regard and, following completion of its study, report back to the House with its findings.

He is recommending that the committee look at the process and experiences of adopting families within the existing framework with an eye to ensuring that the federal government is providing full support to all Canadian families while recognizing the respective provincial and territorial jurisdictions.

For the 23 years that I was a member of the provincial legislature, I did see many developments in the adoption area. Certainly, many constituents would come to my office to deal with the problems that they had. There was a myriad of problems that people would run into. However, I do want to draw attention to some of the history of adoptions in this country, even in the working lifetime for most people in the House. In Manitoba, we basically had a government-supported policy of encouraging the adoption of aboriginal children not only outside their reserves but outside the country.

Many aboriginal children were adopted into the United States. It was mainly the northern United States. It was only a matter of 15 or 20 years later that an inquiry into the process showed that the results were not the way we wished they would all be. There were some very good success stories, but there were also some very bad stories that came out of this. There were different types of abuse, children being forced to work in slave-type conditions and so on. Of course, that pointed to adopting a more rigorous process for accepting adoptions. That is another complaint that I have heard over and over again.

People think the process is too complicated. On the other hand, it has been admitted that this complicated process is there for a reason. Errors have been made in the past and the results have shown that. While we might have 80% or 90% of cases or higher where people are 100% qualified and above board, there is always going to be a small percentage of people who take advantage of the system and abuse the rules. I guess that is the same with any area of legislation and the law.

We basically set up laws to govern that 5% or 10% who do not follow the rules. All we have to do is look at all the security regulations that we are all having to deal with today at the airports and even in the Parliament Buildings. We find ourselves putting elderly people through radiation scanners, scanning them and making them strip down before they enter buildings. All of this came about because of one example of somebody who got into a building and did some bad things. I suppose there are a certain amount of regulations with which we are always going to have to deal.

With regard to the adoptions that I was referring to in Manitoba, when a number of these people were being repatriated to their birth parents, because that is what happened in some cases, a lot of requests and inquiries came to my office from people trying to find their children and vice versa, people trying to find their birth parents. That became another big issue where I probably think we lost some friends over because the birth mothers did sign off at the time when they gave up the child, but after 10 or 15 years the birth parent wanted to find out what happened to the child so they came to the legislator's office. I am sure all MPs have had people ask them for help in trying to locate their children, or vice versa, people trying to find a parent.

We had a law in Manitoba that said that once parents signed off on the adoption, they had no right to find out where the child was or who adopted them. Just in the last five, six or seven years, the Manitoba government and perhaps other governments have taken measures to make it easier for people to get reunited and to track down their birth mothers or their children. Of course the rule has been put in place that both parties must agree to this before they are allowed to get together.

Sadly, there are examples of where one of the two parties does not want to co-operate and then we find a certain gentleman in my office trying to find his daughter. The searches are made and then it comes back that the birth daughter did not want to find her father. That is even more heartbreak on his part. I have not checked in lately to see how well he is doing with that. It is a very complicated and stressful issue.

The member has taken a great step here and he recognizes that the adoptions are more of a provincial issue, but it is certainly incumbent upon a federal government to look at these issues and to look at all sorts of equality issues.

Our member, the NDP member for Burnaby—New Westminster, has a bill before the House, Bill C-413, which would amend the Employment Insurance Act and the Canada Labour Code to ensure that adoptive parents are entitled to the same number of weeks of paid leave as the biological mother of a newborn child. I have assisted him in introducing some of his petitions supporting his bill in the House.

The member for Burnaby—New Westminster has a very interesting and comprehensive petition that he has passed around and submitted literally hundreds and hundreds of names. We have sent around petitions for signing and, out of a group of eight or ten petitions, the two petitions that seem to be the most popular that people grab are the air passenger bill of rights,which I must say is certainly popular, but the--

[Glenn Thibeault, NDP, Sudbury, ON]

Mr. Speaker, I am glad to be in the House today to speak about this important issue, Motion M-386.

The challenges that face adoptive parents are not often discussed. This means their struggles often go unnoticed and uncorrected by this country's legislative bodies.

This motion, though it does not offer any solutions to these struggles, does draw attention to the situation adoptive parents find themselves in and as a result, allows for more discussion on what measures are in place and which measures are lacking.

The motion tabled by the hon. member for Essex calls for:

--the Standing Committee on Human Resources, Skills and Social Development, and the Status of Persons with Disabilities be instructed to examine current federal support measures that are available to adoptive parents and their adopted children, recognizing and respecting provincial and territorial jurisdictions in this regard and, following completion of its study, report back to the House with its findings.

Though the motion's ultimate goal can be achieved through other means, it does not detract us from its purpose, to take stock of what resources are currently available for adoptive parents and find out where there is a lack of support.

Let us now look at some of the challenges facing adoptive parent families.

This past summer was devastating for many adoptive families across Canada, and my riding of Sudbury was no exception.

When Imagine Adoption made its bankruptcy announcement on July 14, over 500 families were thrown into limbo. Imagine Adoption is a federal adoption agency registered with the Ontario Ministry of Children and Youth Services and a registered non-profit agency.

When the bankruptcy was announced, Imagine Adoption closed its doors and its accounts were frozen, leaving hundreds of families financially and emotionally devastated. The adoption agency is now only a closed website that redirects families to the bankruptcy trustee's website where parents can read about the group's restructuring plans.

Constituents of mine, who I met numerous times, were in the middle of adopting a child from Ethiopia when the news hit of Imagine's bankruptcy. With no adoption agency to turn to, the two of them were left to navigate the highly complex bureaucratic channels in Ontario and with the High Commission in Nairobi to find out where their paperwork was, what stage the visas were at, and what representative was dealing with their file in Ethiopia.

In this person's own words, “This turn of events has left those of us with files in waiting full of dread that our files will be pulled and our spot in the queue lost; this is to say nothing of the absolute fear being experienced by those families who have actually been matched with their child”.

This couple are not the only constituents who have contacted me on this issue. I have heard from numerous families that were also concerned.

These Sudburians understand that adoptive parents face tough challenges, not to mention a remarkably complex approval process and uncertainty levels when dealing with adoption cases overseas.

This is why we need to look into what resources are available for these parents. Moreover, this is why we need to take action now to help those who are still in limbo, still waiting for their families to be complete.

The challenges facing adoptive parents are not news to New Democrats. Rather, we have been listening, listening to the biggest concerns raised by adoptive parents and doing what we can to make their lives better.

I would like to touch on the good work that two of my colleagues are doing on this issue, the first initiative from my colleague from Burnaby—New Westminster and the second from my caucus member from Trinity—Spadina.

In January of this year, my caucus member from Burnaby—New Westminster introduced Bill C-413, An Act to amend the Employment Insurance Act and the Canada Labour Code (extension of benefit period for adoptive parents).

If passed, this bill would amend the Employment Insurance Act and the Canada Labour Code to ensure that an adoptive parent is entitled to the same number of weeks of leave as the biological mother of a newborn child.

Under the current employment insurance program, adoptive parents are given 35 weeks of paid leave and a further 15 weeks of unpaid leave afterwards. Only birth mothers are able to take an additional 15 weeks of maternity leave.

This inequality between birth parents and adoptive parents received national attention in January of 2008, when the Supreme Court of Canada refused to hear an appeal by an adoptive mother from British Columbia, Patti Tomasson, who was fighting for the same maternity leave benefits as birth mothers. Ms. Tomasson applied for maternity leave after she adopted her two daughters, Sarah, who is now eight, and Hannah, who is now four.

The Supreme Court was upholding an August 2007 decision by the Federal Court of Appeal that ruled Ms. Tomasson did not qualify for maternity benefits because she did not undergo the psychological experience of pregnancy and childbirth. Unfortunately, the Supreme Court of Canada was upholding antiquated laws, laws that need to be reviewed and revised in order to be fair to both birth and adoptive parents.

Adoptive parents like Ms.Tomasson need the extra leave to bond with their children. Recent studies of adoptive parents have shown that many would have liked to have the extra 15 weeks in order to help them better support their children.

As another parent, Heather Rowe, said:

The emotional time is as important as the physical," she says. "In fact, mothers who haven't given birth maybe need more time to envelop the child. As soon as you find out you've been approved you fall in love, but because you don't have the physical presence of the baby inside you, you don't start the physical bonding until you are actually holding the baby.

In fact, adoption professionals and researchers around the world identify a few of the issues as: post-adoption depression for the adoptive parents as a result of the adoption process; attachment and bonding from parent to child and child to parent; health issues or developmental issues; large barriers and cultural adjustment, as well as onerous adoption processes; and in the case of international adoption, issues of trauma, abuse, neglect or multiple foster care placements which make it difficult for the parents to build an immediate trust relationship with the child.

The bill introduced by the member for Burnaby—New Westminster would take these challenges into account by installing parity between adoptive and biological parents in this regard. The Adoption Council of Canada, a federally incorporated, charitable body, calls for the same measures to be taken.

Another worthy initiative that my caucus has put forward is Bill C-397, An Act to amend the Citizenship Act (persons born abroad). As of April 17, the date Bill C-37, An Act to amend the Citizenship Act from the 39th Parliament came into effect, the children and grandchildren of Canadian expatriate and adoptive families have had their citizenship downgraded, or worse, stripped away.

Families who were recently able to pass on their Canadian citizenship for their born-abroad children have had such rights stripped away. Changes in citizenship and immigration law that were meant to restore citizenship to lost Canadians have instead created a new generation of lost Canadians.

The bill introduced by my caucus member for Trinity—Spadina would restore equality among all Canadians no matter where they were born and ensure the citizenship status of children and grandchildren of expatriated Canadians and adoptive families is not downgraded or outright stripped away. It would also treat citizenship in a manner that reflects and promotes Canada's economic, social, intellectual and humanitarian engagement with the world, and these initiatives are just a start.

I thank the hon. member for Essex for initiating this important conversation once again. I hope that in doing so, others begin to recognize the importance of updating our current laws to make life fairer for adoptive parents and their families.

Adoptive Parents Benefits

[Jim Maloway, NDP, Elmwood—Transcona, MB]

Madam Speaker, my petition calls for equal employment insurance benefits for adoptive parents. Adoption is an important and essential act in a compassionate, caring and just society. Under the current EI program, adoptive parents are given 35 weeks of paid leave followed by a further 15 weeks of unpaid leave. Under the law, a biological mother is given both the first 35 weeks and the latter 15 as paid leave.

In Canada adoptions are often expensive. They are lengthy and stressful to the adoptive parents. Studies have shown that an additional 15 weeks of paid leave would help parents better support their adoptive children and handle many of the specific issues that they must face.

The petitioners call on the Government of Canada to support Bill C-413, which would amend the Employment Insurance Act and the Canada Labour Code to ensure that an adoptive parent would be entitled to the same number of weeks of paid leave as would the biological mother of a newborn child.

[Jim Maloway, NDP, Elmwood—Transcona, MB]

Mr. Speaker, I present a petition which calls for equal employment insurance benefits for adoptive parents.

Adoption is an important and essential act in a compassionate, caring and just society. Under the current EI program, adoptive parents are given 35 weeks of paid leave followed by a further 15 weeks of unpaid leave. Under the law, a biological mother is given both the first 35 weeks and the latter 15 weeks as paid leave.

Adoptions in Canada are often expensive and lengthy and they are stressful on the adoptive parents. Recent studies have shown that an additional 15 weeks of paid leave would help parents better support their adoptive children and handle many of the specific issues they must face.

The petitioners call on the Government of Canada to support Bill C-413, which would amend the Employment Insurance Act and the Canada Labour Code to ensure that an adoptive parent is entitled to the same number of weeks of paid leave as a biological mother of a newborn child.

Employment Insurance

[Jim Maloway, NDP, Elmwood—Transcona, MB]

Mr. Speaker, my petition is a call for equal employment insurance benefits for adoptive parents. Adoption is an important and essential act in a compassionate, caring and just society.

Under the current EI program, adoptive parents are given 35 weeks of paid leave followed by a further 15 weeks of unpaid leave. Under the law, the biological mother is given both the first 35 weeks and a further 15 weeks as paid leave.

In Canada, adoptions are often expensive, lengthy and stressful to the parents. Studies have shown that an additional 15 weeks of paid leave would help parents to better support their adoptive children and handle many of the specific issues they must face.

The petitioners call on the Government of Canada to support Bill C-413, which would amend the Employment Insurance Act and the Canada Labour Code to ensure that an adoptive parent would be entitled to the same number of weeks of paid leave as the biological mother of a newborn child.

[Jim Maloway, NDP, Elmwood—Transcona, MB]

Madam Speaker, I am pleased to present a petition signed by dozens of Manitoba residents. It calls for equal employment insurance benefits for adoptive parents. Under the current EI system, adoptive parents are given 35 weeks of paid leave followed by a further 15 of unpaid leave. Under the law, a biological mother is given both the first 35 weeks and the latter 15 weeks as paid leave.

Studies have shown that an additional 15 weeks of paid leave would help parents better support their adopted children and handle many of the specific issues they must face.

The petitioners call on the Government of Canada to support Bill C-413 which would amend the Employment Insurance Act and the Canada Labour Code to ensure that an adoptive parent would be entitled to the same number of weeks of paid leave as the biological mother of a newborn child.

[Peter Julian, NDP, Burnaby—New Westminster, BC]

Madam Speaker, I have a petition signed by several dozen residents of cities in British Columbia: Langley, Abbotsford, New Westminster, Nelson and Vernon. These residents are very supportive of my private member's bill, Bill C-413, which would essentially ensure employment insurance benefits for adoptive parents equal to those given to biological parents. Adoptive parents put in as many hours raising their adoptive children as biological parents do in raising theirs. There has been discrimination against adoptive parents that must be addressed.

The government is certainly aware of my bill, and I hope it moves to adopt it. The residents of communities in British Columbia are saying that we should end the discrimination against adoptive parents and provide full support for them through the employment insurance system.

Employment Insurance Act

[Peter Julian, NDP, Burnaby—New Westminster, BC]

moved for leave to introduce Bill C-413, An Act to amend the Employment Insurance Act and the Canada Labour Code (extension of benefit period for adoptive parents).

Mr. Speaker, I am pleased that my bill has been seconded by the brilliant member for Hamilton Mountain.

Many people are talking about the fact that so many Canadians do not have access to employment insurance even when they pay into the program. One group that does not have access to the full benefits that we would seek for equality for parents is adoptive parents.

Parents who go through the adoption process make a financial commitment and a wide range of other commitments, including time, to raise the children they have adopted, and yet the Employment Insurance Act still discriminates against them. It does not treat them the same as biological parents.

This bill would amend the Employment Insurance Act and the Canada Labour Code to extend the benefit period for adoptive parents so it is the same as already exists under the Employment Insurance Act for biological parents.

It is important to do this. Adoptive parents are making a huge commitment in time and effort to raise their adopted children. We have to make sure we provide the right support in the employment insurance program so that they can get off to the right start with their adopted children.

(Motions deemed adopted, bill read the first time and printed)