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Focus On Equality Rights | WOMEN
Transcript of Focus On Equality Rights | WOMEN
The Attorney General of Canada (Society) VS Kelly Lesiuk (Defendant) AND Leaf (Woman’s Legal Education and Action Fund AS WELL AS Income Security Advocacy Centre (Interveners) Landmark Case Kelly Lesiuk: Attorney General argues... The nitty gritty details Mother of two
Worked as a nurse in Brandon Manitoba from 1993-1998
Worked 667 hours while balancing child care
Did not qualify for employment insurance benefits because she didn't have 700 hours (short 33)
Felt discriminated against
Hard for part time workers to qualify and manage childcare/domestic work Employment Insurance Act providing those who lose their jobs or can't work due to factors such as illness, pregnancy or childcare. Supreme Court of Canada (SCC) Subsections 6(1) and 7(2) Section 15 of the Canadian Charter of Rights and Freedoms established four factors for finding discrimination in cases. Pre-existing disadvantage, stereotyping, prejudice, or vulnerability experienced by the group (past and long history)Claim is based on the actual needs, capacity or circumstances of the respondent or others (taking into account the needs of woman) Relevant to reverse discrimination cases Consequences are severe and localized BUT it should be upheld Canada (Attorney General) v. Kelly Lesiuk, 2003 requirements of the Employment Insurance service is used to separate those who would take advantage of the system opposed to those attached to their work. The goal: benefits are equal to contributions. Although Lesiuk works part-time due to other commitments she should not receive employment insurance coverage on that account.
no relevant statistics
Those affected by the requirements was quite small as a portion.
Expensive and time consuming.
Majority of employed woman with young children work more than the minimum eligibility requirements and are unaffected by those requirements.
Unfortunate events could make you miss an opportunity
Service requirements are necessary
A program such as Employment Insurance is very complex and the Courts with no knowledge should not propose changes.
Those who apply for the Employment Insurance are aware of the risks, costs, and the benefits. 1925 1930 1920 1950 1990 PRIME THE RIGHT TO VOTE Herstory Nellie Mclung "Nice women didn't want the vote" "Nice men don't want the vote... If men
start to vote they will vote too much.
Politics unsettles men" MANITOBA WAS THE FIRST PROVINCE TO GRANT WOMEN THE RIGHT TO VOTE IN 1918 THE FEDERAL
WOMEN THE RIGHT TO
WAR ONE 35 000 women went to war But the rest stayed at home Post war... Women could
not have a
job if married IT SEEMED LIKE WOMEN ONLY HAD RIGHTS WHEN THE GOVERNMENT NEEDED THEM... PERSON'S
CASE ...asked the government to define what is a person Louise McKinney Irene Parbly Emily Murphy Henrietta Edwards Nellie Mclung 1928
Canada women were not a person October 18, 1929
(Britain) over ruled:
women were persons women today make up 1/3 of the senate "Suffragettes" Asked the government to define persons. barriers ? ? ? ? ? ? ? ? Is there equal participation of women and men in making decisions? Do we support females of all ages; women, both young and old, so that they can fully exercise their rights in today's society? Are we working towards the reduction of the gap between a man and women's control of, and access to resources and the benefits of development? Women still face barriers • in the workplace
• in education
• because of violence/sexual harassment, & assault
• because some people still treat us like "items" instead of human beings in the workplace WOMEN'S AVERAGE INCOME MEN'S AVERAGE INCOME *****If these are the statistics for the United States, you can only imagine what the % of CEOs in Canada, with an even larger wage gap, is. Violence/Sexual Assault & Harassment Against WOMEN = HUMAN BEINGS NOT "objects" WOMEN ARE MORE LIKELY TO: ...... be sexually assaulted
...... be victims of severe forms of violence
...... earn less than men
...... and be the ones living lives as single parents, who not only need to pay for their schooling, but be the sole providers for their children, as well
So naturally, women are going to face barriers to their education that men don't. - Women who are sexually assaulted/violated are very likely to suffer from horrific mental disabilities, which would obviously affect their performance education-wise
- Women generally 70% less than men, making it more difficult for them to pay off their tuition fees
- Single mothers need to provide for their children KEEP IN MIND THAT: 80% of human trafficking victims are women 13% of all Aboriginal women aged 15 and older reported to having been violently victimized WORLD
WAR TWO 45 000 WOMEN HAD GONE TO WAR By 1943:
1 million women
had entered the workforce 50% - gun plants
30% - aircraft industry 1944 68% OF WOMEN & 75% OF MEN 1960 1955 -Elimination of favoring
male employees over female WOMEN WERE
MEN WOMEN WERE
WAGES unions and groups proposed action programs LEAF FORMED TO ARGUE EQUALITY RIGHTS IN SECTION 15 Insurance Schemes Pregnancy Benefits Bliss Case Abuse/Violence Women owning property... Cost of women's rights lawyers... if a worker was denied pregnancy benefits, it was not because they were a woman = PARENTAL BENEFITS men could be charged for abuse