Keeping Tabs - Winter 2022

and drive to prioritize motherhood have led to
heightened financial challenges.
As I reflect on the pandemic’s disproportionate
impact on working mothers, I am thankful for Justice
Abella’s reasons in Fraser. Professor Jonnette
Watson Hamilton has identified Fraser as the first
successful adverse effects claim on the basis of
sex. While it will not eradicate the impact of the
pandemic, it provides teeth for challenging state
action and laws (and perhaps, workplace policies)
that further this existing and historical disadvantage.
Fraser is a strong judicial statement
on how Charter values can and should operate
to promote equality for women.
My background in global health has taught me
that law is only part of the equation when advocating
for change – action needs to start in the
community. To conclude, I would like to share
some thoughts on how we can rally together to
espouse the values in Fraser:
What Justice Abella could not have anticipated
when she sat for the hearing of Fraser in December
2019, was how poignant her observations
would be in the wake of the COVID-19 pandemic.
Almost two years after the pandemic started,
her observations continue to ring true.
The pandemic was accompanied by closed
schools and daycares. Jobs were paused or lost
where social distancing was not possible or the
service was deemed non-essential. Based on
data from Statistics Canada reported on by RBC
Economics, women who are mothers, lower income,
visible minorities and immigrants have
faced greater rates of unemployment compared
to fathers and women without children, women
with higher incomes, non-visible minority women,
and non-immigrant women, respectively.
This disproportionate impact on women
has been dubbed the “she-cession” by Prime
Minister Trudeau.
I have seen how members of my own Filipino
Community have experienced this phenomenon.
In my network of family and friends, it has
been a reality that the paused or lost jobs, reduced
capacity to afford continuing education,
1. Education. As many of us may work from
home, we may not be exposed to the unique
challenges faced by working mothers in precarious
jobs or otherwise. Change starts with
education and we can start by consulting
sources such as this Report by the Canadian
Centre for Policy Alternatives.
2. Donation. If you are able, consider financially
supporting mothers that are navigating the
challenges of unstable work due to the pandemic
via local women’s charities and shelters
that support women in need and help families
buy essential items.
3. Volunteer. As questions about employment
rights arise, one way to help is by volunteering
with a local or provincial pro bono law organization
to help navigate legal rights and protect
family livelihood. See, for example, Pro Bono
Canada to locate a pro bono program near you.
4. Internal Advocacy. Consider the employment
practices in your own law firm to ensure sensitivity
and flexibility around the pressures faced
by working mothers.
9