Court Denies Double Parental Benefits to Parents of Twins

This article was last updated on April 16, 2022

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A federal court ruling recently dismissed an appeal of an Ottawa couple who was seeking to acquire double parental benefits because they had twin girls. Both the children’s father, Christian Martin, and their mother, Paula Critchley, had requested to be granted two full 35 weeks of parental leave, i.e. a total of 70 weeks, because they gave birth to two daughters, Lucie and Athena, in April 2009.

During the court proceedings, Martin highlighted the essence of the Employment Insurance Act and alleged it to be conflicting with the couple’s right of equality under Canada’s Charter of Rights and Freedoms. Today, a decisive federal court ruling denounced Martin’s interpretation in a 54-page document and decided against them. Justice Marc Nadon stated that the arbitrator’s interpretation was correct, and unambiguously mentioned that the family’s argument was not legitimate under the Charter. In general, Canadian law allows parents to have a maximum of 35 weeks of parental leave right after either a birth or an adoption as per part of their benefits under Canada’s Employment Insurance program, which is technically irrespective of the number of children born or adopted by the parents.

Previously in September 2009, a board of referees of the Canada Employment Insurance Commission granted two 35 week leaves to the couple, i.e. one leave for each child. Though later, an arbitrator reversed that decision in May 2011, clarifying that Employment Insurance Act is clear that “the care of one or more new-born or adopted children as a result of a single pregnancy or placement.”

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