ADDING YEARS TO LIFE & LIFE TO YEARS ACTION ADVOCACY BENEFITS COMMUNITY EDITORS ARLENE STACEY & PETER MUGGERIDGE Moses and Susan Eng with Florence Wong, CEO of Yee Hong Centre, and the God of Fortune SHARING STRENGTHS CARP JOINS FORCES WITH CHINESE COMMUNITY PHOTOGRAPHY, JEFF HIGGINS Celebrating the Year of the Rabbit, visiting the God of Fortune and gnoshing on tempting offerings from the oyster and sushi bars weren’t the only attractions drawing CARP to this year’s Dragon Ball. The annual gala benefit, which regularly attracts more than 1,000 people, including politicians, corporate heavy hitters and celebrities, raises money to support the Yee Hong Centre for Geriatric Care in Toronto. It also served as CARP BOARD OF DIRECTORS Maura Ruth Cohen, David Cravit, Lillian Morgenthau, Gord Poland, Eric Vengroff, Moses Znaimer an opportunity for CARP executives Moses Znaimer, Susan Eng and Ross Mayot to announce the launch of a special working partnership with one of the leading health-care providers in the Chinese-Canadian community. The program will comprise a series of chronic disease self-management workshops provided to CARP members and the community at large. “CARP will help us share our expertise with many more familes so they CARP EXECUTIVE President Moses Znaimer General Manager & Vice-President, Member Benefits Eric Vengroff Vice-President, Advocacy Susan Eng Vice-President, Community Development Ross Mayot CARP ADVISORY BOARD Sen. Larry W. Campbell, David Crombie, Monika Deol, Pier Giorgio Di Cicco, Gail Hinchliffe, Dr. Ron Keast, Dr. Colin Powell, Maj.-Gen. Richard Rohmer, Bill VanGorder can age at home as they wish,” said Dr. Joseph Wong, founder of Yee Hong, telling the Dragon Ball audience about the partnership. “Yee Hong is the gold standard in providing culturally appropriate longterm care and community services, so we know that the same excellence and professionalism will be made available to our members and their families,” said Eng, CARP’s vice-president of advocacy. “This partnership is important from CARP’s point of view, not only to provide outstanding support to all Canadian caregivers but to reach out to an important ethnic community,” Eng said. “We want to open a similar line of communication with all cultural groups to discuss what issues matter to them and show them that they matter to us.” THIS MONTH IN CARP CARP NATIONAL OFFICE 27 Queen St. E., Ste. 702 Toronto M5C 2M6 416-363-8748 1-800-363-9736 support@carp.ca ADVOCACY, PG. 90 GETTING HOME CARE BACK ON TRACK BENEFITS, PG. 94 SAVINGS FROM AROUND THE WORLD COMMUNITY, PG. 96 THE MODEL CARP MEMBER APRIL 2011 | ZOOMERMAG.COM Carp frontis 16bg.indd 87 87 11-02-15 11:10 AM CARP ACTION ADVOCACY FROM THE DESK OF SUSAN ENG V I C E - P R E S I D E N T, A D V O C A C Y COURTS NIX RETIREMENT RULES How many ways can you say 88 CARP members have shown their support for this amendment sending some 2,500 emails via CARP e-Voice to MPs just before the bill’s introduction in November. CARP feels that employment should be based on competence and merit, not arbitrary and discriminatory factors like age. It is welcome news for all Can- adians that one more element of age discrimination may soon be eliminated, but it is especially important for those people who must stay in the labour force for economic reasons or simply want the dignity of work. So, is our work on mandatory retirement done if bill C-481 passes into law? Not so fast. If the experience in the U.S. is any indication, our work has just started. The Age Discrimination in Employment Act (ADEA, which was enacted in 1967) outlawed mandatory retirement in the U.S. (with some narrow exceptions), which only meant that an employer could not have an explicit policy in the workplace that forced people to retire at a given age. What started to happen almost immediately was that people were let go or not hired for any number of reasons that many suspected were based on their age, but now they had to prove it. Lawsuits were launched under the prudence was slowly building up the rights of older workers against age discrimination, and increasing public awareness. However, the 2009 decision in Gross vs. FBL Financial Services Inc. dealt a body blow to ADEA protections. While the courts had been finding in favour of complainants when age discrimination was one of the causes of dismissal, the court in the Gross case ruled that the plaintiff had to prove that he wouldn’t have been dismissed “but for” his age. This decision has been widely misinterpreted by lower courts as meaning he had to prove he had been dismissed only because of his age — a nearly impossible task. AARP has gone to Congress to seek legislation, the Protecting Older Workers Against Discrimination Act, to override the Gross decision. In the meantime, workers will fall back on Title 7 of the 1964 Civil Rights Act (which generally corresponds to our Charter of Rights and Freedom). So, despite a 50-year head start, the situation in the U.S. once again requires a political solution. Judge-made law can lead or follow. In Canada, the courts took the lead — perhaps because judges have to retire at age 75 unless bill C-481 becomes law. ZOOMERMAG.COM | APRIL 2011 Carp Eng SE 15bg.indd 88 11-02-15 11:37 AM PHOTOGRAPHY, ISTOCKPHOTO.COM (GAVEL) Over the years, the juris- PHOTOGRAPHY, MOODBOARD/CULTURA “age discrimination?” There will be one less if a private member’s bill passes into law this year. Bill C-481, which passed second reading in the House of Commons in December 2010 would remove Section 15(1)(c) of the Canadian Human Rights Act, which currently permits age discrimination in the form of mandatory retirement. The bill picks up where the courts have left off. In a recent high profile case reinstating two Air Canada pilots, aged 65 and 67, the Canadian Human Rights Tribunal in the Vilven and Kelly case overruled the mandatory retirement provisions in the collective agreement applying to Air Canada pilots (see update, opposite page). While the tribunal does not have the legal authority to strike down the law, its determination that the law should not apply was a monumental step in Canadian jurisprudence. Pursuant to a combination of the tribunal ruling and Federal Court decisions in this case, Section 15(1) (c) has been found to violate the Canadian Charter of Rights and Freedoms. In February, the Federal Court ruled that Section 1 of the charter did not protect this breach. This serves as a strong precedent for others who want to challenge their mandatory retirement but they still have to litigate. Consequently, CARP has been calling on Parliament to enact legislation to remove Section 15(1)(c) and end age discrimination once and for all for some 840,000 employees in federally regulated industries, such as transportation, banking, broadcasting and telecommunications. ADEA to push back when it was alleged that people were being subjected to age discrimination. IN THE CORRIDORS OF POWER Eng congratulates Fantino on his new portfolio and honorary CARP membership. CARP meets new seniors minister CARP has worked with a succession of ministers of state for seniors but none with the profile and promise of Julian Fantino. A minority government facing an election was shrewd to appoint a champion for the issues that will resonate with the most politically engaged voters, who can also boast a high profile in Ontario. We met with Minister Fantino in early February, finding him to be well briefed on CARP’s advocacy issues. He was receptive to addressing the financial insecurity of older Canadians, especially to target relief to those most in need. He also showed a good understanding of the merits of letting people keep their money in RRIFs and withdraw it as needed rather than by government edict. During our meeting, he asked for and was given a full list of measures that should be in the upcoming budget, including redressing the so-called toxic taxes (see the March 2011 issue of Zoomer, page 96), which discriminate against older Canadians. Strictly speaking, budget measures are the purview of the finance minister, but a good champion in cabinet will speak up regardless. Mandatory retirement, also discussed, is on its way to the dustbin of history, and neither the minister nor the government showed any intention of getting in the way. Minister Fantino’s most challenging endeavour may well be to cement progress on eradicating elder abuse. From public awareness to stiff criminal consequences, there is a vast array of interventions possible and little to show for all the public funds and angst spent on this scourge. True to his “just-the-facts, ma’am” reputation, the minister agrees that first we have to shape behaviour — that will shape attitudes. So just as CARP members said in response to the government’s ads raising public awareness about elder abuse, enough on awareness. Let’s get to work on prevention and, if necessary, punishment. The hour-long meeting concluded with the minister being pinned as CARP’s newest member. Let’s hope he wears the CARP pin into cabinet meetings. UPDATE PHOTOGRAPHY, ISTOCKPHOTO.COM (GAVEL) PILOTS BACK ON THE JOB On Feb. 3, the Federal Court released a decision which, in essence, confirmed the decision of Canadian Human Rights Tribunal to reinstate two Air Canada pilots, George Vilven, 67, and Neil Kelly, 65, by rejecting an application by Air Canada and the pilots’ union for a judicial review. The court ruled that Section 15(1) (c) of the Canadian Human Rights Act, which allows mandatory retirement for federally regulated industries, breached the equality rights protected under the Canadian Charter of Rights and Freedoms and that breach was not “saved” by Section 1 of the charter, which permits infringe- ments on equality rights that “can be demonstrably justified in a free and democratic society.” By finding that the breach of Vilven and Kelly’s equality rights was not justified, the court confirmed its reinstatement and the damages that were ordered by the tribunal in its November decision. Vilven and Kelly are currently undergoing the final phase of their training to return them to active status. In dismissing Air Canada’s appeal, the Federal Court stated emphatically that the 1990 Supreme Court of Canada line of cases upholding the mandatory retirement exemption under Section 1 was no longer applicable to current social and human rights values and could no longer stand. This finding will be binding on the tribunal and will have obvious implications for the approxi- mately 150 Air Canada pilots who currently have age-based wrongful dismissal complaints before the tribunal. However, each case must still proceed to its individual conclusion. Air Canada and the pilots’ union will likely file an appeal and, given the the case’s significance, it could end up before the Supreme Court of Canada. Private member’s bill C-481, sponsored by Liberal MP Raymonde Folco, was before Parliament as this issue went to press. It would repeal the mandatory retirement exemption under the Canadian Human Rights Act. If it passes parliamentary committee hearings, the bill will go back to Parliament for third reading. If it receives royal assent before a federal election is called, mandatory retirement as permitted by Section 15(1)(c) will become a thing of the past. APRIL 2011 | ZOOMERMAG.COM Carp Eng SE 15bg.indd 89 89 11-02-15 12:10 PM CARP ACTION ADVOCACY THIS WAY HOME If given the choice of where they’d ing at home were promised better want to recover from a sickness, most Canadians would opt for their own homes, amid familiar surroundings and in the company of those they love, rather than the sterile, lonely and often bewildering environment common to most hospitals. That’s exactly what health policy planners had in mind in the mid-’90s when they began pushing the home care model — a system that provides in-house health and social services for those who are ill, disabled or recovering from surgery. At the time, it seemed like a winning solution, representing a cost-effective way of delivering health-care services to aging Canadians and a strategy to free up beds in overburdened hospitals. Most importantly, patients recover- 90 health and happier lives. As a Health Canada study put it in 1999, “The experience of many people who have used home and community care services reinforces the common belief that people who need care and are able to receive it in their own homes and communities are happier, enjoy a better quality of life and benefit from improved health outcomes.” The 2002 Romanow Report declared, hopefully, that home care would become the “next essential service.” Unfortunately, the home care system was implemented in a regionally fragmented, underfunded and poorly planned manner. Patients were moved from hospitals to their homes with inadequate levels of support and didn’t receive sufficient visits from nursing and occupational care workers. Family members, who were suddenly thrust into an unfamiliar and time-consuming caregiver role, lacked training and financial support. Clearly, the system wasn’t living up to its early promise and, in many cases, patients ended up back in hospital, often in worse condition. CARP was one of the first groups to recognize the fault lines developing in the system. In its Report Card on Home Care in Canada (2000), CARP pointed out the challenges home care faced: lack of strategic direction, continuing inadequacy of funding, little support for caregivers and a shortage of qualified home care support staff. Eleven years later, those same challenges remain. It sometimes seems the only people who can make the system work are those with deep enough pockets to purchase additional home health services from private providers and those with extraordinarily dedicated family members — people willing to commit their own time to caring for their loved ones at home without adequate compensation. But the majority who unexpectedly need home care services still en- ILLUSTRATION, CSA IMAGES/PRINTSTOCK COLLECTION HOME CARE HAS ALWAYS BEEN TOUTED AS A SYSTEM THAT REDUCES COSTS AND MAKES FOR HAPPIER PATIENTS. IN THE FIRST OF AN ONGOING SERIES, IAN MACNEILL EXPLORES WHY ITS PROMISE HASN'T BEEN REALIZED ZOOMERMAG.COM | APRIL 2011 CARP home care SE 10bg.indd 90 11-02-14 3:09 PM CARP ACTION ADVOCACY counter what Simon Fraser University gerontologist Dr. Andrew Wister describes as “a very fragmented system of dealing with population aging in terms of home care, community care, housing and more.” Susan Eng, CARP’s vice-president of advocacy, agrees. “A sizeable proportion of CARP members are already providing home care for a loved one and lack information, training and respite as well as income support so that they can take the necessary time off work,” she says. “This is why our members want a National Caregiver Strategy.” (See “Making Home Care Work.”) In a way, it’s odd that we should find ourselves in this position. It’s long been understood that Canada is a greying society. Frail seniors, who require the majority of home care services, are the fastest growing population group in Canada, with a projected growth from 3.92 million in 2001 to 6.7 million in 2021. And the fastest growth is at the higher end; the number of Canadians 85 and older is expected to grow to 1.6 million by 2041, fully four per cent of the population All of which begs the questions: Why haven't governments made more of an effort to formulate policy that would lead to the implementation of a national home and community care strategy when Canadians clearly want it and it would save buckets of money? And why aren’t we working toward what Dr. Wister calls a “continuum of care model that would allow for a seamless transition for patients between different levels of care — at home or in an institutional setting — for individuals moving from more to less independent stages of their lives.” The lack of an overall strategy becomes even more puzzling, given that most research — including a 2008 U.S. study that said that home health-care services alone saved US$25 billion in hospital payroll costs — points to the 92 fact that a properly implemented system would work. For Eng, now is the time for politicians to put home care back on the radar. She’s cheered that the opposition Liberals, paying heed to CARP’s lobbying efforts, recently announced a $1 billion-a-year caregiver support program consisting of tax credits for family caregivers and Employment Insurance benefits for those caring for someone with a life-threatening illness. It’s a good start, which unfortunately could be undermined by how Canada votes. CARP polling reveals that while the majority of members liked the Liberal policy, not enough would support the party that was proposing it. “If Canada’s seniors want something like a national caregiver strategy — and our polls tell us they do — then they are going to have to put aside party loyalty and vote the issues,” says Eng. If the concept of “aging in place” is to be anything more than a pipe dream, Canadian voters are going to have to send a loud and clear message to their elected representatives that the time has come for the changes necessary to make it practicable. Current and future generations of Canadians will be better served by a health model that allows them to grow old in the homes they spent most of their lives working to pay off. It’s time to get it right. MAKING HOME CARE WORK “If you want to make home care happen, and all levels of government say that they do, then all the pieces have to be laid out,” says Susan Eng. CARP’s proposal calls for a National Caregiver Strategy that includes: ✓Financial Support Financial support should be made available to family caregivers at a level that would allow them to continue devoting their time to caregiving as needed. Various mechanisms can be examined, referencing international examples and including tax credits, allowances or pension enrichment and they should address the differing needs of lower income Canadians and women, who comprise the vast majority of caregivers. Financial incentives should also be made available to employers to provide flexible work environments and supportive programs. ✓Workplace Protection The federal government should extend at least the same workplace protection to caregivers that it has extended to new parents. For example, caregivers should be able to take up to a year’s leave to fulfill caregiving obligations. Terminating an employee because they have taken caregiving leave should be prohibited. The employee’s service should be considered continuous during caregiving leave and, upon return, they should be reinstated in the position they had on the date leave started. ✓Integration with the Formal Health System A comprehensive system should be developed to integrate the informal family caregiving sector with the formal health care and social services system that includes equitable access to training and appropriate respite care. ZOOMERMAG.COM | APRIL 2011 CARP home care SE 10bg.indd 92 11-02-14 3:09 PM >CARP BENEFITS CHECK OUT THE BENEFITS CARP MEMBERS ENJOY! With the combo of CARP membership and Zoomer magazine costing only $34.95 annually (CARP membership alone is $19.95), your investment is quickly recouped by accessing these exclusive discounts. Join CARP today and save now. 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OWL 55+ Programs for Older, Wiser Learners • Online training courses teaching Microsoft Word, Internet basics, online social networking and digital photography • Clearly illustrated textbooks • Instructors available by phone, email or online chat • Flexible learning environment 11-02-15 4:01 PM CARP ACTION COMMUNITY F R O M T H E D E S K O F R O S S M AY O T V I C E - P R E S I D E N T, C O M M U N I T Y D E V E L O P M E N T “Being a Zoomer,” says Moses Znaimer, president of CARP, “is an attitude at the core of living long and well that combines a desire for new experiences with a sense of purpose and value.” Few have embraced this ideal like Dan Braniff, the epitome of a Zoomer and an outstanding CARP member. Over the years, CARP has been blessed with thousands of members who have stepped up to be models of volunteer leadership in their communities and champions of CARP’s mission. Dan was always a frontrunner. Since organizing CARP’s Georgian Bay chapter in 2004, focusing on taxation and pension-related issues, Dan’s legendary tenacity, diplomacy, sense of social justice, political savvy and leadership skills have proven invaluable. In his tireless service for CARP, Dan has been a champion of retirement security for Canadians, one of the main pillars of CARP’s mission. Pension income splitting was Dan’s prime cause, and it couldn’t have been entrusted to better hands. No stranger to activism (during his working career, he championed equal rights for women and minorities), Dan knew how difficult it would be to get the attention of the federal government, even on an issue that affected hundreds of thousands of Canadians, like pension income splitting. So, he started building his grassroots army. In 2004, he met with CARP’s founders, the Morgenthaus, and agreed to launch a CARP chapter in the Georgian Bay area, making it clear that advocacy for pension splitting would be his focus. Eventually, 96 higher. Today, thanks in large measure to their combined efforts, pension reform is front and centre for federal and provincial finance ministers throughout the country. As the chair of the Georgian Bay chapter and a member of CARP’s Advisory Board, Dan has made an indelible mark advocating for a Universal Pension Plan, better and more uniform regulatory overBraniff on his sight of financial markets and Kawasaki 800 the need for greater financial CC Vulcan literacy for all Canadians. Road Cruiser. But he’s still made time to Dan had some 26 groups standing follow his passions: riding his motoralong with him representing more cycle, skiing in Utah with his wife, Pat, than three million people under the and spending time with his grandchilbanner of the Common Front for dren. Dan turns 80 this year. He’s comPension Splitting (later to become the Common Front for Retirement pleted his term on CARP’s Advisory Security). That’s when the federal Board and has stepped down after a government (and the media) started seven-year run as chair of the Georto pay attention, and the final push gian Bay Chapter to continue to follow for pension income splitting was on. his pursuits. He’ll always remain a proud CARP Early in 2007, after nearly four years of persistence, town hall meetings, member and, with any luck, we haven’t presentations at government hear- seen the last of him here at the naings, countless letters and petitions, tional office. His volunteer service Finance Minister Jim Flaherty made and leadership on behalf of CARP has the announcement: pension income been an inspiration, and I hope his story might inspire you to get involved splitting was given the green light. “Did I really think we’d win? I don’t at the local chapter level, knowing that know,” says Dan. “But I’m a great be- with the backing of hundreds of thousands of fellow members, important liever that you make your own luck.” The passage of pension income changes can be made to improve the splitting was a victory, but new issues lives of Canadians as we age. On behalf of all of us at CARP, we quickly arose. When the global economy started to collapse early in 2008, thank you, Dan. eviscerating Canadian pension plans and pensioners’ retirement savings, Dan and Susan Eng, CARP’s vicepresident of Advocacy, formed a formidable tag team, raising the level of advocacy for pension reform ever PHOTOGRAPHY, PATRICIA BRANIFF ACTIVIST WITH AN ATTITUDE ZOOMERMAG.COM | APRIL 2011 CARP Ross 11bg.indd 96 11-02-14 5:02 PM > CROSS-CANADA CHAPTERS When you join CARP, quote the promo codes beside the one in your area. Want to start a new chapter? Contact Anthony Quinn, Community Development, 1-888-363-2279 ext.224, a.quinn@carp.ca. AVALON, N.L. (CH 1) Ralph Morris, 709-364-4928 carpavalon@yahoo.ca HALIFAX, N.S. (CH 22) Bill VanGorder, 902-454-2267 president@carpnovascotia.ca BARRIE, ONT. (CH 36) Gwen Kavanagh, 705-252-4756 barriecarp@gmail.com HALTON, ONT. (CH 3) Tom Carrothers, 905-319-7345 tom@tjc-chem.ca BRANTFORD, ONT. (CH 17) Terry Little, 519-752-8642 carpbrantford@gmail.com HAMILTON, ONT. (CH 34) Carlos Duchesne, 905-962-3535 hamiltoncarp@gmail.com BRIGHTON, BELLEVILLE & QUINTE WEST, ONT. (CH 39) Ken Prue, 613-475-0899 carpbbq@gmail.com KINGSTON, ONT. (CH 24) Victoria Pearson, 613-532-9888 carpkingston@gmail.com MONCTON, N.B. (CH 32) Peggy Humby, 506-854-8903 pegyhum@hotmail.com PINK CHAPTER (CH 33) John Thornton, 416-619-5501 pink@carp.ca MONTREAL METRO (WEST), QUE. (CH 37) Paul Reisman, 514-624-3830 westislandcarp@gmail.com PRINCE GEORGE, B.C. (CH 6) RitaMarie Wiebe, 250-563-3566 zoomerstoday@gmail.com NIAGARA, ONT. (CH 31) Michael Raimondo, 905-704-6655 carpniagara@gmail.com NORTH BAY, ONT. (CH 18) R.M. (Ron) Farrell, 705-497-0482 ronald.farrell@sympatico.ca NORTH FRASER, B.C. (CH 12) Bruce Bird, 778-284-1189 brucebirdv@shaw.ca CALGARY, ALTA. (CH 10) Robert Robotham, 403-256-1181 carp.calgary@shaw.ca NORTH SHORE KITCHENER-WATERLOO, ONT. VANCOUVER, B.C. (CH 4) Denise Kelly, 604-786-4047 (CH 25) carpinnorthvan@gmail.com John Thompson, 519-884-4050 carpkw@gmail.com OKANAGAN VALLEY, B.C. (CH 30) LONDON, ONT. (CH 8) Gail Goldman, 416-363-2277, Dan Procop, 519-432-2789 carplondonchapter@gmail.com ext. 246, g.goldman@carp.ca EDMONTON, ALTA. (CH 13) Bernice Rempel, 780-450-4802 carp.edmonton@shaw.ca MARKHAM, ONT. (CH 28) Terry D’Silva, 905-477-5727 wtd@tertec.com OTTAWA, ONT. (CH 26) Janet Gray, 613-755-0055 carp.ottawa@gmail.com FREDERICTON, N.B. (CH 27) Joanne Johnson, 506-450-9169 joannej@nbnet.nb.ca MISSISSAUGA, ONT. (CH 35) Murray Etherington, 905-824-0919 murrayetherington@yahoo.com P.E.I. (CH 21) Craig Mackie, 902-672-3400 carp.pei@gmail.com BROCKVILLE, ONT. (CH 40) Dawn Edgley, 613-345-5815 edgley.carp@gmail.com SUDBURY, ONT. (CH 9) Patricia Douglas, 705-669-0045 carpsudbury@sympatico.ca THUNDER BAY, ONT. (CH 23) Allen Richert, 807-768-4746 richert@confederationc.on.ca VAUGHAN, ONT. (CH 5) George Mathew, 416-879-8470 CARP.Vaughan@gmail.com VICTORIA, B.C. (CH 19) Raymond Welch, 250-220-5870 raymondjwelch@gmail.com WHITE ROCK-SURREY, B.C. (CH 11) Jack Mar, 604-728-5349 arjmar@shaw.ca WINDSOR-ESSEX, ONT. (CH 7) Larry Duffield, 519-944-1913 larry.duffield@sympatico.ca PETERBOROUGH, ONT. (CH 16) Robert J. Geddes, 705-745-3771 geddesbob@yahoo.ca PHOTOGRAPHY, PATRICIA BRANIFF GEORGIAN BAY, ONT. (CH 14) Ian Kerr, 705-446-1500 iankerr@rogers.com SAULT STE. MARIE, ONT. (CH 15) Marilyn Patterson, 705-949-2299 marilyn.patterson@sympatico.ca CARP Ross 11bg.indd 97 11-02-14 5:02 PM