View cases - Stewart McKelvey

40are (or have been) a few programs that offer extended hours or weekend childcare, but there waslittle use made of weekend or overnight childcare and therefore it was not cost-effective enough tocontinue to be offered.[185] This supports Ms. Johnstone’s position that the type of childcare she needed was not easilyavailable if at all, and that there are relatively few workers who require third party assistance onthis basis, i.e. there are few in number who work rotating fluctuating shifts with frequentovertime, who are also married to someone who works similar shifts.[186] Taking that reality a step further, coupled with Ms. Johnstone’s direct evidence on pointthere are few BSOs who would need accommodation to work outside the VSSA on static shiftsfor any period of time. Most workers look first to their spouse, family and friends for childcareassistance, and only if this is not workable or sufficient do they then turn to third party caregivers.Ms. Friendly found it understandable, as does this Tribunal, that most parents would not becomfortable with third party overnight care of their young children.2010 CHRT 20 (CanLII)[187] It is doubtful that Ms. Johnstone or anyone in her similar situation as outlined would findany third party other than family willing to provide reliable childcare for young children based onan unpredictable schedule, even if that schedule is confined to 3 days per week. The provider hasset hours and a separate life to live, and even family has to be locally accessible to the worker,therefore unpredictability is devastating for this purpose.[188] By using family members over a 3 day period, albeit that she and her husband had totransport her children to 3 different locations on these days, she was able to propose to heremployer the most flexible schedule availability possible for her at the time: the same 3 days perweek, but not restricted as to start times, location, or length of shifts, and able to accommodateovertime and full BSO responsibilities.[189] Ms Friendly testified to funding and cost barriers that exist for typical Canadian families.Government-backed maternity leave periods have lengthened over the past 30+ years, moving toa full year in 2003. Over the same time period, government tax credits and child benefit programs