44th Parl. 1st Sess.
February 28, 2024 02:00PM
moved that the bill be read the third time and passed.
She said: Mr. Speaker, as all parents know, the arrival of a new child is life-changing. It comes with great joys and excitement. It is a precious time of bonding and many firsts, but it also comes with added expenses, time constraints and new challenges. While we all know that Canada’s employment insurance program helps to ease some of those pressures, we must confront the fact that not all families are treated equally. It is not a fair program, and it does not reflect the diversity of families here in Canada.
Families formed through adoption and surrogacy continue to be entitled to 15 fewer weeks of leave, and this is a disadvantage that must be rectified. My private member’s bill, Bill C-318, does that through the creation of a new 15-week time-to-attach benefit for adoptive and intended parents. It also adjusts entitlement leave accordingly in the Canada Labour Code. It is a common-sense bill; addressing the inequity in our EI system should truly be a non-partisan issue.
Unfortunately, the Liberal government has instead chosen to politicize it. While it claims to support equal access to EI leave for adoptive and intended parents, the Liberal government’s actions suggest otherwise. At second reading, the member for Winnipeg North indicated that this was not a priority for the Liberal government when he said, “We might have had to put some limitations on some of the things we wanted to do as a result of the pandemic”. The member for Kingston and the Islands said that this bill would not get a royal recommendation because his own bill did not get one. Of course, this was followed by all but a handful of Liberal members of Parliament voting against the bill at second reading.
Following the committee’s consideration of this bill, the Liberal government challenged amendments that sought to remove any ambiguity around parental benefits for indigenous peoples. The opposition to this from the Liberals raises concerns about their intentions around achieving equal access to EI benefits for indigenous families with customary care arrangements.
Now, at third reading, this bill risks being dropped from the Order Paper altogether if a royal recommendation is not provided by the Liberal government. By all indications, unfortunately, this does not seem to be forthcoming. The Liberal government’s decision to include a benefit for adoptive and intended parents in Bill C-59 was a clear declaration that it does not intend to collaborate on this issue and that it is more focused on political games than rectifying the discrimination in our EI system in a timely manner.
Bill C-59 is an omnibus budget bill that would not course correct the harmful policies of the NDP-Liberal government, which are fuelling the affordability crisis in this country. The Liberal government not only tied its proposed benefit to a costly and convoluted omnibus bill but also did not even make this legislation a priority. It is the Liberal government that sets the agenda in this place, and it has not brought Bill C-59 up for debate since January. Frankly, it has just not been a priority for the Liberals. In fact, they have never made it a priority to address the discrimination in our EI system.
They have been promising this to adoptive parents since 2019; they extended this promise to intended parents last year, after I introduced Bill C-318. Providing equal access to EI leave for adoptive and intended parents should not be a complicated problem to solve, especially with the agreement of all opposition parties. However, the Liberal government has voted against Bill C-318, failed to provide the royal recommendation needed, refused to work collaboratively and failed to exercise the political will necessary to just get the dang job done.
Shamefully, the Liberal government’s broken promises, delays and political games are happening at the expense of families. These families are hopeful and anxiously waiting to know if they will get the time they need and deserve with their child. The children who do not get the time they need with their parents are the greatest victims.
Adoptive and intended parents are not less deserving, and they certainly do not need less time with their children. It is often the case that these families face additional challenges in bonding and attachment. Access to equal leave can go a long way to support them.
The Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities heard compelling testimony from adoptive parents and adoptees about the challenges they experienced attaching. We heard repeatedly how meaningful additional time to form strong and secure attachments would have been for their families and how 35 weeks was not enough time.
We need to listen to those voices and act in a timely manner. Cassaundra Eisner, an adoptee herself, shared with the human resources committee: “Moving in with people who were recently strangers is intimidating and very scary. Time to attach is something that would have helped that 11-year old little girl.”
Shelley Rottenberg, also an adoptee, shared that, if there had been more time early on, her mother would not have had “to worry about going to work and leaving me with someone else” and that it “would have sped up that process of growing and building that trust and the bond to have a more secure attachment.”
Cathy Murphy shared that it took three and a half years for her son to call her mama instead of “Hey, lady.”
Julie Despaties shared that she ultimately did not return to work after her leave, because she needed more time to support her three adopted children.
Erin Clow wrote that, near the end of her leave, she felt “a weight which is difficult to articulate, laden with the emotions of sadness, fear, guilt, and grief, knowing that we as a family need more time to attach.”
There are many more examples.
Providing adoptive families with an extra 15 weeks of leave is not only fair but will also help improve their long-term outcomes and help set these children up for success.
I have also heard from a lot of intended parents who are growing their families through surrogacy. These parents need to make a decision about their leave options in the immediate term; many are expecting their child and are hopeful that they will have access to an additional 15 weeks of leave.
I have also heard from parents who have made the decision to take the extended parental leave, at a significant financial disadvantage. Often it is not because they want to take a two-year leave, but rather because they want the same opportunity to be home with their child in the first year of their life. Canadians growing their families via surrogacy face a lot of added costs, and the disparity in benefits add to those financial pressures.
Child care is another consideration. It is more costly to get child care for an infant under a year old, and the reality across the country is that there are limited infant child care spaces. These added costs are made even worse given the growing affordability crisis.
Baden Colt shared with the human resources committee: “Having a child through surrogacy poses challenges that are not faced by most new parents, and these financial obstacles are compounded by the inability to access the same 15 weeks of maternity leave that most new parents get.” She said that children like her daughter “deserve every opportunity that her peers have in life and that begins with having the same amount of time to bond with her parents as any other Canadian child.” Her daughter does deserve the same time with her parents that is afforded to other children.
The Liberal government needs to set aside the partisanship and the political games that are costing families across this country the time to attach and bond with their children. It is well past time that all families, including adoptive and intended parents, get the time they need and deserve with their child.
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Madam Speaker, I am pleased to have the opportunity today to participate in this debate on the bill introduced by the hon. member of Parliament for Battlefords—Lloydminster.
I want to thank the member for bringing attention to an issue that matters to Canadians. Adoptive parents have been telling us that they want a new employment insurance benefit that provides them with the same number of weeks as birth parents. Currently, under the EI program, workers who are pregnant or have recently given birth, including surrogates, can receive 15 weeks of maternity benefits to support their recovery from pregnancy and childbirth. This is in addition to the 40 shareable weeks of standard benefits, or up to 69 shareable weeks under the extended option.
Adoptive parents also have access to support under the EI program. However, parents of adopted children are eligible for only 40 shareable weeks of standard benefits, or up to 69 weeks of support. In short, the difference lies in the fact that adoptive parents do not have access to the 15 weeks of benefits that parents who give birth do.
In 2024, this needs to change. That is why these improvements to the EI program are included in Bill C-59, the fall economic statement implementation act, 2023. The measures in Bill C-59 would create a new 15-week EI benefit that would add flexibility and better address the needs of adoptive parents and parents of children through surrogacy during the weeks surrounding the actual placement of the child.
The comprehensive measures in Bill C-59 reflect what we heard during our consultations with Canadians on the EI program in 2021 and 2022. They reflect the diverse and inclusive way families are formed today, and they provide needed flexibility.
Before I go into more detail about Bill C-59, let me outline how it resonates with the consensus we heard at the EI consultations on the issue of an inclusive program. In particular, the government absolutely acknowledges in Bill C-59 that adoptive parents and parents of children conceived through surrogacy have income support needs that are related to their unique processes. Time devoted to a child helps create a family bond. This is true for birth and adoptive parents.
In the case of adoptive parents, it can help the child make up for any developmental delays or health setbacks and give that child a better chance to reach their full potential. Every extra week spent with an adoptive child in the first year after adoption has an impact on their development and their lifelong relations with others.
There is no question that for any new parent, having the time and resources to welcome and care for their child or children is precious and requires support. Also, additional time for adoptive parents to be with their children can be beneficial for their employers, as it would put these parents in a better state of mind when they return to work.
There is no doubt that what the member opposite proposes, and what we propose, is important. Leave with income support for adoptive and intended parents, so they can welcome and care for their children, needs to be part of a modern and inclusive El program.
The proposal in Bill C-318 does this in part, but we consider our approach in Bill C-59 to offer the better, more flexible and more responsive solution to address this important need.
We expect that each year, the government's proposed benefit would provide approximately 1,700 Canadian families with additional time and flexibility as they welcome a new child in their home. Parents through surrogacy, including 2LGBTQI+ families, would also be eligible for this benefit, and rightly so.
The government's proposed El adoption benefit would make El benefits inclusive and reflective of families in Canada. It would support parents going through adoption or surrogacy by providing temporary income support before the child arrives at home, for example, while they are finalizing the placement or travelling abroad to bring the child or children to Canada. That support would also extend to the early weeks of the child's arrival into the new family.
This equalization was a key ask by our stakeholders. It is the right thing to do, and it is an idea whose time has come. All of this will happen if Bill C-59 receives royal assent.
I also want to note, as we were told during the EI consultations, that the profiles of children and youth being adopted are often unique. Adopted kids are typically older, have sibling groups and have special needs. Cathy Murphy, chairperson of the Child and Youth Permanency Council of Canada, told us this during the consultations:
Even if a youth is joining their family at age 12 or 13, it's really important for that parent or caregiver to be there, to be able to meet them after school or to maybe take them out to their favourite lunch spot over lunch hour once a week, because that's usually the only way you're going to get them out to lunch.
By continually showing up and being actively involved in their life, they are going to realize after an extended period of time that their parents are there for them.
For the past eight years, we have been busy improving important programs so that life is more affordable for Canadians. From day one, the government has kept its promise to protect all Canadians, and we are using all the tools at our disposal to do so.
Canadians want an EI system for the 21st century. The government has heard these calls. It is a long-haul commitment, but we are taking the time to get it right, and we are not waiting for a grand reveal to make improvements along the way. Let me reassure my colleague opposite that the Government of Canada is taking a thorough approach to EI to ensure its continuous improvement for the benefit of all Canadians. Adoptive parents have asked for equal treatment. They deserve equal treatment, and the government has answered.
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Madam Speaker, I rise this evening to speak to Bill C‑318, which seeks to amend the Employment Insurance Act and the Canada Labour Code with respect to adoptive and intended parents.
We know that when a child comes into our life, it is a huge moment that changes everything, but that also comes with a lot of stress. Those of us here who are parents have all been there. When we enter our home for the first time with our infant and our partner, we tell ourselves that it is time to step up to the plate.
I had the good fortune of carrying my two daughters. I had easy pregnancies. I even worked as a coach during one of my pregnancies. Not every woman is so lucky, however. Sometimes, nature forces some of us to put our dream of pregnancy aside and turn to alternatives such as adoption or surrogacy. It is not easy for these women to grieve their infertility. I have a great deal of empathy for them.
However, these women will become mothers, maybe not in a traditional way, but they will experience motherhood. They will have a chance to know what it means to love and be loved unconditionally.
At this time, women and couples in Canada who adopt a child are entitled to only 35 weeks, or eight months, of EI benefits. They have eight months to bond with their child, which does not sound like much. The bonding process needs to happen under the best possible conditions. In the case of adoption or surrogacy, the process is equally important, precisely because it is atypical. Every story is different. Every family is different.
I would like to quote Julie Despaties, the executive director of Adopt4Life, who appeared before the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities:
Today, children who are waiting to be adopted are often over the age of 7, and often in their teens and part of sibling groups. In fact, across Canada, we are seeing an overrepresentation of children with coexisting medical and neurodevelopmental challenges within the child welfare system.
It takes time to integrate a child into a new family environment, and it takes selflessness, compassion, kindness, patience and tenderness. The government's primary mission should be to give every child, regardless of their history or place of birth, an equal chance. This requires a solid foundation, first and foremost.
I want to read another quote, this time from Anne‑Marie Morel, president of the Fédération des parents adoptants du Québec. Here is what she said when she appeared before the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities:
Every extra week spent with an adopted child in the first year after adoption has an impact on their development and their lifelong relations with others.
As elected officials, we have the responsibility to make that possible. We must restore equality and fairness.
The changes proposed in the bill would also have a major impact on male couples. Although, in 2024, our society is open to the rights of members of the LGBTQ community, we still have a way to go when it comes to same-sex parenting. Gay men who want to have a family are discriminated against by their very nature. They cannot have children unless they adopt or use a surrogate. However, we know that international adoption is an extremely difficult process. I have many friends who have tried it. It is basically impossible for same-sex couples.
The countries that still allow international adoption are often ones where the mores are such that the state discriminates against members of the LGBTQ community.
Surrogacy is not the easiest option, either. When a gay couple decides to have a child, the process can be long, arduous and expensive. Although neither parent can claim to carry a child, they should not be relegated to a separate parental category. As legislators, we have a duty to ensure that the parent-child bond is deep, enduring, strong and unshakable.
These new parents have the same rights, duties, feelings and questions. Most of all, they share the same desire to give their child everything.
A healthy bond helps children cope with a variety of situations as they grow, including separation from their parents—when they start day care or school, for example—co-operation with other children, and self-control. Bonding teaches children to trust others, which helps them form healthy relationships later in life.
I felt like sharing my thoughts this evening. That said, this is clearly an issue that only affects Canada, because Quebec introduced the Quebec parental insurance plan in 2006. Once again, Quebec was a forerunner; once again, Quebec took care of its people; once again, Quebec showed empathy. In 2020, Quebec went a step further by ending benefit discrimination for new parents.
Tonight, I call on my colleagues to show the same kind of compassion and kindness shown by the members of the Quebec National Assembly. We must give women and couples who use adoption and surrogacy the same rights as those who have natural pregnancies. Let us stop creating two classes of parents; stop with the injustice, inequity and discrimination; and stop basing benefits on a certain method of starting a family.
Motherhood, fatherhood and parenthood must be respected, no matter the path that is used to get there.
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Madam Speaker, I thank my colleague from Battlefords—Lloydminster for this incredible bill, which will bring parity and equity in mental health and attachment to adoptive and intended parents.
What we are talking about today, for folks watching, is Bill C-318, which was created by my friend and colleague, the member for Battlefords—Lloydminster.
I will give an overview and some compelling testimony that we heard at the human resources committee today. I am really going to hammer home how common-sense this bill is and how it should have been done long ago. However, like so many things in this House, here we are.
Bill C-318 introduces a new 15-week benefit for adoptive and intended parents through the employment insurance program, and adjusts the Canada Labour Code accordingly. A lot of people, including me, did not know this was an issue. I have biological children and just assumed that adoptive parents, or intended parents, which means parents through surrogacy, were entitled to the same amount of unemployment leave, or mat leave or paternity leave, which are the common names a lot of people know. I was entitled to 52 weeks, but the reality is that the way the current system works is that they do not have access to that. They are cut 15 weeks short.
One would ask why, which is a great question. It does not put any more financial stress on the system, and we know these parents need this time to attach. I want to tell members a bit about the politics that always bleeds into this place and why common sense often gets left behind.
It was an election platform promise by the Liberals in the last two elections that they would have this in their policy. Here we are, and it is still not here, which is not a shock. That is the reality of what we have in this country.
The bill has gone through first reading. What we are asking for in this debate today in the House is royal recommendation. Nothing will happen if we do not get that. We have had the support of the House; the bill has passed through first reading. In fact, everybody voted in favour of it except the Liberals. Four Liberals supported it. I thank those who did and parked their partisan politics for the greater good and for parity.
I want to go through this article with members, because I think it really highlights the human component of this. I think sometimes, when we talk about policy and legislation, it feels very clinical, but there are very real human consequences to the decisions made in the House. Everything does come back to policy. This is an article that was written by Erin Clow. It was posted in The Province, which is a news publication.
I want to read some of the words she has written:
At the end of my first leave in 2020, I longed for more time with our son. Nearing the end of this leave, I feel a weight that is difficult to articulate, laden with sadness, fear, guilt, and grief, knowing that we as a family need more time to attach. In the early days of both parental leaves, the hours, days and weeks seemed long. Honestly, we were strangers who overnight became a family. We knew very little about each other and, most importantly, we didn’t know how to trust, let alone love one another. Each day was a monumental exercise in courage. We spent our time learning about one another. Learning about routines, what they liked and what they didn’t like. Learning how to be parents. Learning to love one another.
Again, I come back to my own experience as a first-time mom, and that is exactly how it feels when one gives birth, but imagine adopting a child who has already lived in the world and formed feelings and emotions, and trying to attach and make up for all of that time. Ideally, adoptive and intended parents should have more, if we think about the biology and physiology of what they have to overcome, yet they have less under this legislation. It makes no sense.
She continues, “It took months for me to start becoming the parent they deserved.” I would challenge Erin on that. I bet she was exactly the mother they needed from the day they were born and they were meant to be together, but I know that feeling of mom guilt.
She goes on, “Now all that remains are 27 days. This supported parental leave will end in 27 days and I can say without a doubt we need more time.”
Is that not the most valuable commodity we have on this planet? She continues, “Our daughter and son need additional time. We need months, not days, to continue the process of facilitating secure, enduring attachment for all members of our family.” She has written a very powerful article that really reiterates what it is like for these adoptive parents.
I want to go through some of the testimony that we heard in committee. I want to reiterate the common sense of this, in terms of the financial piece. Parents are already paying into the system. It is not like we would be trying to find this money. It is already funded.
So many programs that we see the Liberals pushing out to people right now are not funded, such as their pharmacare program and their child care program, which are underfunded and not working. They are not funded. This is. This is a really common-sense bill that would make it easy to give the foundation for kids and families to thrive.
Quite frankly, another conversation a lot of people do not want to have in this country is that the cost of living is increasing so much. My daughter has said to me that she could not have kids, that she could never afford it. What a feeling to have. What a feeling to have in this country, to not feel like one can afford to have a house, to feed one's family or to choose to have children, which is the greatest gift in the world. For people who choose not to have children, it is totally fine, but I am saying that, to take away that choice, is a realist issue in our country.
Another quote details, “Most children adopted in Canada are over the age of 10 at the time of placement and many have a history of trauma or serious loss. Having their new parent or caregiver(s) at home longer, in the critical first year, gives them time to form attachments and begin processing their grief and loss.”
I believe the member opposite may be able to chime in, and I know that she is over my shoulder. There was one woman in particular, and I think it was Cathy Murphy, who talked about how her child did not call her “'mama'” for three years.
It was three years of just “'Hey lady'”. That is so powerful because, whether one is an adoptive parent, an intended parent or a biological parent, showing up for one's kids when they are having a hard time is tough. It is the toughest responsibility any of us parents will ever face in our lives. Their behaviour is communication. These kids need so much more time to build trust. They do not have that. They have never had that. The trauma that many of them have faced is very real.
Financial stress is one of the biggest stressors in a family dynamic. If one is sitting there worried about how one is going to pay the mortgage, pay for food, pay for groceries or put gas in the car, guess what? One cannot be the parent one needs to be to the kid who needs one.
It is so simple to say to not worry, that one's EI, which one has already paid into, is here to help one be the best parent they can be. This is a very simple bill.
Another quote is that, “Of the 63,000 children currently in care, 30,000 are eligible for permanent adoption by loving families—” and listen to this, “only 2,000 children are adopted each year.” How many of those children are out there who do not know where they fit, who do not know that they have somewhere they belong? What a feeling. Maybe if more parents knew that there were incentives and help for them to give the love that they have in them to give, that number would go up.
Kyla Beswarick was adopted at age 10 with her two siblings. She said, “It took me two or three years to form that attachment.” An article explains, “Her mom had to quit her job to take care of Kyla’s high needs, including doctor and therapist appointments and adjusting to school, and couldn’t access parental leave.” Kyla, who is now 21, and who is amazing, said, “Imagine how I perceived the world, enduring such big breaks in trust and new environments. I was so young. That extra time would have helped me”.
Ashley Bach also testified at committee.
I will read this final one into the record because I think it is most powerful. It is from Julie Despaties, executive director of Adopt4Life:
I would like to leave you with these thoughts.
If we want a stronger tomorrow for our children, we must do right by them. As my good friend Irwin Elman, a former Ontario child and youth provincial advocate, says, you can't legislate love, but you can legislate the conditions in which love can flourish.
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