The Caregivers Case

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Other Grounds

Smith contends that unpaid caregivers by being excluded from maternity and parental benefits and from the Canada Pension Plan are deprived of equality before the law with similarly situated other adults, including other parents.

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Mom

Smith maintains that when families are forced to put their young children in the care of strangers in order to get state financial support, they are unable to instil their values, their culture, their religion or their first language to their young in ways they mey prefer and by this lack they are deprived of rights to freedom of expression of religion, culture and language, guaranteed in the Charter.

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Other Legislation

Canada has signed many national pieces of legislation including the Canadian Multiculturalism Act and the Canadian Human Rights Act which are consistent with the Constitutuion. The impugned laws are not.

Canada has signed many international covenants which are consistent with the Charter, such as the Univeral Declaration of Human Rights, The Convention on the Rights of the Child and the Univeral Declaration of Human Rights.
The impugned laws however are not consistent with statements Canada has signed in these covenants.

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To recognize caregiving is to finally include unpaid labor in our tally of work done in the nation.

Medical research shows the importance to mental health of bonding with a consistent caregiver for the first three years of life. This need not be the parent. But laws that pressure it to not be the parent are, according to Smith, unfair. Her goal is equality for all parents and all parenting styles, with benefits to daycare users and nondaycare users equally.

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Unpaid caregivers have suffered negative stereotypes that have said they are 'not working' and have excluded them even from consultations about laws that may affect them.

A productive nation requires not only educated citizens but well-adjusted citizens. Balance between career and family may be achieved simultaneously or by priotizing one or the other aspect at various points in one's life. Traditionally women devote 17 years to care of children and 18 years to care of the elderly. This work must be counted.