Wednesday, August 15, 2007

Maternity Leave vs. Parental Leave

The Federal Court of Appeal in a decision released very recently (and posted on the website today) upheld the different leave regimes provided for mothers who give birth to children as opposed to mothers who adopt infants. This is the third appellate level decision to reach this result. This has all the flavour of a case being set up for the Supreme Court of Canada. The decision appears to be very tightly reasoned (or at least as tightly reasoned as a s. 15 case can be) and so I suspect the law will ultimately be upheld, even if the Supreme's give leave to appeal.


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