JUSTICE

Loretta Villeneuve died when her baby was born last Nov. 12, and the father, John Mclnnis, a 39-year-old truck driver from Kitchener, Ont., had to take a leave of absence from his job to look after his infant daughter.  But further problems developed after the initial tragedy: Loretta Jr., born one month prematurely at a London, Ont., hospital, was underweight at four pounds six ounces.  As well, she had meningitis— a debilitating nerve disorder— and had to be fed intravenously.  Meanwhile, Mclnnis applied for benefits under the maternity provisions of the Unemployment Insurance Act, but officials rejected his claim.  Then a welcome turnaround occurred: Loretta recovered and went home on Dec. 18. And last week Mclnnis learned that he would be receiving unemployment insurance benefits after all—and that his case had sparked landmark legislation.  Said Mclnnis: “It feels pretty good.”

The speed with which Mclnnis’s case was resolved reflected the widespread sympathy surrounding the circumstances.  Villeneuve died at 30 from a brain tumor, eight months into her pregnancy. Doctors at Victoria Hospital in London kept her artificially alive on a support system long enough to deliver her baby by caesarean section.  On Nov. 22 Mclnnis applied for benefits— but officials told him that they had to comply with the law.  Although the Unemployment Insurance Act has allowed benefits for adoptive single fathers since 1983, it makes no provisions for natural fathers.

Encouraged by supporters, Mclnnis took his case to Kitchener lawyer Timothy Flannery, who on Jan. 27 launched an appeal to the Unemployment Insurance Commission on the grounds that Uic’s refusal to pay benefits violated the Charter of Rights and Freedoms.  On Feb. 2, after reviewing the case, Employment and Immigration Minister Benoît Bouchard announced in the Commons that he planned to introduce a bill that would ensure benefits for Mclnnis and fathers in similar circumstances.

Spokesmen from Bouchard’s ministry said that they anticipate a swift passage of the bill, expected to be tabled within a few weeks.  Indeed, the only controversy surrounding the bill is that it may be too narrow in scope. But even its critics say that they hope it will serve as a catalyst in broadening the base of parental-rights legislation.  Meanwhile, as Mclnnis awaits his first cheque—maximum benefits are $339 per week over a period of 15 weeks—he confidently feeds, bathes and changes baby Loretta in his two-bedroom apartment.  Father and daughter, supported by welfare and private donations, are both doing well.  And Loretta now weighs in at a healthy 10 lb.

Mary McIver
Pub. Date February 15, 1988