VOL. 13, NO. 1. SPRING/SUMMER 2003 LEAFWomen’s Legal Education and Action Fund • Fonds d’action et d’educationnes juridiques pour les femmes IN THIS ISSUE The Law Project 1 The Law Project BY KATE STEPHENSON 1 Stellar Guest List Lights up the Night n 1999, the Supreme Court of Canada jurisprudence back on track and refocusing decided the case of Nancy Law v. Canada. the courts’ attention on substantive equality. 2 The case involved a widow’s claim that her We are starting by identifying and under- Message from the Chair I equality rights were violated when she was standing the flaws inherent in the Law test. 3 denied a Canada Pension Plan survivor’s The project involves NLC monthly Legal Review benefit because she was under age 35. The study groups and two community-based 3 Supreme Court used the case as an opportu- meetings to be carried out over the next In Memoriam nity to synthesize and consolidate its Charter year. The first community meeting will focus 4-5 section 15 equality analysis set out in previ- on analysing and critiquing questions of LEAF across the Land ous cases, and laid down a new set of “guide- legal principle and legal theory that underlie 6 lines” to be followed in subsequent cases. the problems with the Law test, as well as In Conversation with These “guidelines” have become a test developing feminist legal theory to work Volunteer Betty Hopkins by which all equality cases are analysed, by our way through these problems. The meet- 6 parties and judges alike. The results for ing will involve a group of practitioners and Spotlight on Supporter women’s equality claims under this test have academics. The second meeting will focus Audrey Pickard been disappointing. LEAF’s National Legal on how to take a new or substantially 7-8-9 Committee (NLC) has therefore embarked revised approach forward in the courts in A Special Thanks on a project aimed at getting section 15 continued on page 9 to Donors 10 LEAF Receives Vote of Stellar Guest List Lights up the Confidence Night for Equality and LEAF n a balmy, April 15th evening, on LEAF and equal- the 40th floor of the Royal Bank ity. Jan Roos, the O South Tower in Toronto, sixty Founder of See LEAFriends assembled for the third annual You in Athens, RBC Equality Day Celebration, hosted by spoke of the need Charlie Coffey, Executive Vice President, for support for Recognizing RBC Financial Group. women in sport; Over cocktails, the guests were wel- Marilou the collective comed by Irene Bailey, and watched as two McPhedran, dedicated LEAF supporters, Joan newly returned Westcott and Connie Deckert of Waterloo, from a meeting Penny Collenette goodwill that presented a cheque for $2,650 from their with women in the Bahamas, spoke of shar- Persons Day Breakfast to Fundraising ing our Canadian experience in the struggle inspires our Committee Chair Joanne McLean. for constitutional equality; Carolyn Horkins As dinner was served, Charlie called told us about forming a women’s initiative work! upon several of the guests to say a few support group for lawyers; Ruth Berger, impromptu words about the importance of continued on page 9 Message from the Chair his past 2002-03 year has Women’s Future, Equality Rights in the New Millennium. been a challenging one for Congratulations to all those LEAF Branches who hosted T LEAF, with many high successful Persons Day and Equality Breakfasts across the points. In the first days of our new country, several of which sold out! And thank you to our 2003-04 fiscal year, we devoted pos- donors who continue to believe in our cause. itive energy to preparing LEAF’s At the core of our success are the countless hours devot- internal strategy and structure to ed by our volunteers — legal, education, and fundraising — meet future needs. LEAF leaders at the national level, in our Branches, and within the LEAF Colleen Cattell, LEAF National Board Chair gathered on April 4, 5 and 6 in Foundation. Here’s a heartfelt thanks to all of our dedicat- strategic sessions to rethink our ed volunteers and to our committed staff: Legal Assistant role in the feminist community and resolve persistent orga- nizational issues so that we continue to carry on LEAF’s work in a thriving and productive way. Part of this strategic process was a review of our achievements, of which there are many. A legal review of two of LEAF’s current cases is outlined in this issue and despite our many successes overall, there is still much to be done. We must be vigilant to protect the gains we have made. We need to continue reminding the courts to engage in an equality analysis, and the courts are still very capable of getting that analysis wrong. In LEAF’s role internationally, we were pleased to host a delegation of equality seeking women from Malaysia for a week in September. During their visit, they were able to truly see LEAF in action when they attended the Miller case hearing. Marilou McPhedran, LEAF’s former Chair, Delegates interested in developing a court challenges program in attended a session of the United Nations in January, along Malaysia visit with LEAF members and staff. (back row, l to r:) LEAF with other Canadian women’s NGO’s, to present Canada’s founding member Beth Symes and Women’s Crisis Centre (WCC) pres- progress on equality issues. International law will likely ident Zarizana Abdul Aziz of Penang, Malaysia. (front row, l to r:) LEAF staff lawyer Marina Browning, lawyer and human rights activist play an increasingly important role in the equality rights Salbiah Ahmad of Penang, lawyer and WCC associate Honey Tan of arguments put forward in this country. Penang, LEAF founding members Mary Eberts and Nancy Ruth. SPECIAL THANKS TO ALL OUR SUPPORTERS Marian Ali (who has been with us for eight years), hard With the generous support of Status of Women Canada working staff lawyer Marina Browning, and Renata (SWC), we launched our new and much improved Web site Hervey, who we were delighted to bring on board in the fall in September 2002. SWC funding also enabled us to con- as Director of Fundraising. Together, our volunteers and tinue developing our No Means No education program, supporters are the engine of LEAF and a source of its con- now being delivered in several Toronto area schools. Both tinued inspiration. the Ottawa Branch that launched its program in November and West Coast LEAF are actively expanding their pro- grams in the schools. West Coast LEAF has also launched a series of community workshops based on the guidebook Colleen Cattell developed from their 1999 conference, Transforming LEAF National Board Chair LEAF SWEEPS WINNER! Rose Rose was the lucky recipient of this year’s sweepstakes draw on November 28, 2002. Rose and her family or friends will enjoy a week-long stay in a Spanish villa in historic San Miguel de Allende, in Mexico’s charming colonial heartland. Congratulations Rose! We look forward to hearing all about your trip! LEAF thanks Joan Zarry for the use of her private villa. 2 LEGAL REVIEW Social and Economic Rights: The Struggle for Substantive Equality Continues EAF focused on several cases this past year that women and single mothers by linking their eligibility for examined the gender-specific effects of legislative benefits to their relationships with men. L regimes that have a differential and discriminatory The Ontario Court of Appeal agreed with LEAF and impact on the social and economic circumstances of women found that the “spouse in the house rule” discriminated on across Canada. Here is a summary of two of these cases. the basis of sex and marital status because it overwhelm- In The Attorney General of Canada v. Lesiuk, the ingly affected women and because it reinforced the stereo- Federal Court of Appeal considered whether certain pro- type that women’s intimate relationships have an econom- visions of the Employment Insurance Act, which deny ben- ic subtext and that women must be financially dependent efits to persons who do not meet the Act’s minimum hour on men with whom they live. requirements, violate section 15 of the Charter. These pro- visions effectively eliminated benefits for part-time, prima- rily female workers, often mothers with competing child care responsibilities. LEAF argued that the eligibility criteria were formulat- ed and applied without regard to women’s needs and cir- cumstances, and were based upon male characteristics of Panel at Civil Legal Aid Conference including LEAF Director of employment. The Court rejected LEAF’s argument that Litigation Sondra Gibbons (centre). the eligibility criteria were inherently gendered and, thus, fundamentally flawed. In doing so, the Court made the The Court also made the novel ruling that “receipt of requirements of proving adverse-effects discrimination so social assistance” is an analogous ground under section 15 exacting that LEAF believes it will be virtually impossible of the Charter and that the definition also discriminated on for future claimants to meet them. this basis. Ms. Lesiuk has applied for leave to appeal this decision The government sought leave to appeal the case to the to the Supreme Court of Canada. If the application is Supreme Court of Canada and leave was granted on March granted, LEAF intends to seek leave to intervene and to 20, 2003. argue, among other things, that the Court disregarded LEAF hopes to be able to intervene in the final hearing ample contextual evidence of the historic, discriminatory of this important case. treatment of women within the employment insurance regime.