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June 4th, 2009Committee meeting

Joanna Birenbaum

Status of Women committee  I think what that question points to is the overall process, which Susan referred to in her comments. There was a huge public investment in the pay equity task force, with hundreds and hundreds of hours, submissions, and government investment in that process. This legislation was rushed through without apparent consultations or discussions about whether this current legislation would better achieve the ends than the recommendations in the pay equity task force.

June 4th, 2009Committee meeting

Joanna Birenbaum

Status of Women committee  I think what your question is directed at is this larger justification for the PSECA, which is that it's more efficient because there won't be any more complaints brought under the PSECA because no one's actually going to be able to bring these complaints. One of the difficulties with that justification for the legislation is that it doesn't look at why cases drag on for years and years.

June 4th, 2009Committee meeting

Joanna Birenbaum

Status of Women committee  The legislation in Quebec is certainly far better than the PSECA, and the task force recommendations build upon the best of the Quebec and Ontario models, and that, in our submission, is the direction the federal government should go.

June 4th, 2009Committee meeting

Joanna Birenbaum

Status of Women committee  I agree. There's a significant concern, as you identified; it's a foundational, constitutional principle that a right must have a remedy. Under the current PSECA regime, there is no remedy for women, particularly the most vulnerable and most marginalized women. There's no right to pay equity under this regime following that line of reasoning.

June 4th, 2009Committee meeting

Joanna Birenbaum

Status of Women committee  I'll start, and I'm sure, Margot, you'll have additional comments. In some ways it's a difficult question, because what do we mean by responsibility and power? At the broadest level, we all have some role and responsibility. Unions have a role, the government has a role, employers have a role, but the question is, how does that role get shaped and framed?

June 4th, 2009Committee meeting

Joanna Birenbaum

Status of Women committee  That's correct. It is inappropriate for the current legislation to allocate legislative responsibility to unions over matters that they don't ultimately have any control over. Margot or Susan Russell may have some additional comments.

June 4th, 2009Committee meeting

Joanna Birenbaum

Status of Women committee  Good morning. Thank you very much for this opportunity. The Women's Legal Education and Action Fund, LEAF, is a national, not-for-profit organization dedicated to promoting substantive equality for women and girls in Canada through legal action, research, and public education. LEAF has intervened in over 150 cases on substantive equality at the Supreme Court and at other levels and is recognized for its expertise on the inequality experienced by women in Canada.

June 4th, 2009Committee meeting

Joanna Birenbaum