2. FAMILY
D. Maternity Benefits
Leading
Cases
Bliss
v. Attorney General of Canada [1979] 1 S.C.R. 183,
Supreme Court of Canada
http://www.lawsite.ca/femlaw/bliss.htm
After giving
birth Bliss was unemployed. She was not
entitled to full maternity benefits but she was also denied unemployment
benefits because such benefits were not available for a period of six weeks
after childbirth. The Supreme Court
found that the legislation was not discriminatory because any inequality
between the sexes was created by nature and no by the legislation.
Brooks v. Canada
Safeway ltd. [1989] 1 S.C.R. 1219, Supreme Court
of Canada
http://www.canlii.org/ca/cas/scc/1989/1989scc46.html
The Safeway insurance plan provided benefits
for loss of pay due to accident or sickness, but did not provide full benefits
for 17 weeks for those who were unable to work due to pregnancy. The Court found that the insurance policy
discriminated against women. This
decision overturned the decision in Bliss
v. Attorney General of
A female
Doctor worked for an employer that did not provide maternity benefits. She chose to have her baby during her
vacation leave but was unable to return to work due to illness. Since her illness was related to her
pregnancy the employer denied her sick benefits. The Court found that denying a woman
access to sick leave benefits constituted discrimination on the basis of
pregnancy and therefore sex.