Supreme Court Refuses Appeal Over Distinction Between Biological And Adoptive Parents

In the case of Patti Tomasson v. Attorney General of Canada, the Supreme Court of Canada dismissed, with costs, an application for leave to appeal a decision of the Federal Court of Appeal.

The Federal Court of Appeal in its decision dismissed the appellant’s application for judicial review of an earlier decision wherein, her application for maternity leave benefits under the Employment Insurance Act, was denied based on the fact that, as an adoptive mother, she did not qualify for maternity leave benefits. She was only entitled to claim parental leave benefits.

Mrs. Tomasson was challenging this provision under the section 15(1) of the Charter of Rights and Freedoms claiming that the application of this provision under the Employment Insurance Act, resulted in unequal treatment as between biological mothers and adoptive mothers and that such a distinction was unconstitutional. In dismissing her appeal, the Court of Appeal reviewed similar decisions as well as the purpose, nature, intent and effect of the applicable legislation.

The Federal Court of Appeal decision can be found at <A HREF="http://decisions.fca-caf.gc.ca/en/2007/2007fca265/2007fca265.html">Tomasson v. Canada (Attorney General)</A>.

For more information on this topic, contact Pushor Mitchell Associate Taryn Moore at:
moore@pushormitchell.com or (250)869-1265