Pay Equity for Midwives
Pay equity is a fundamental human right guaranteed by the Human Rights Code and the Pay Equity Act. As an almost exclusively female profession providing women- and trans-centered health care, midwives have experienced a gender penalty in their pay for more than two decades. In 2013, the AOM filed an application with the Human Rights Tribunal of Ontario (HRTO), claiming the province has continually and systematically set a discriminatory compensation structure for midwives.
In June 2017, hearings at the Tribunal were brought to a close and an interim decision (PDF, 364 KB) was delivered to the AOM by the HRTO on September 24, 2018, with a remedy decision (PDF, 612 KB) issued on February 19, 2020. In this landmark legal decision, the Human Rights Tribunal of Ontario has ordered the Ford government to take concrete actions to end the gender pay gap midwives experience as a result of the Ministry of Health’s discriminatory actions. The Ontario government filed for a judicial review of the HRTO ruling, which was heard in Divisional Court in April 2020. In June 2020, the Divisional Court ruled unanimously to uphold the decision of the HRTO in a carefully reasoned 59 page judgement (PDF, 755 KB). This historic win sets a precedent to change compensation practices not only for midwives, but for all workers in gendered professions.
The Ontario government and the AOM are working collaboratively through the court-mandated facilitated process of implementing the upheld HRTO remedy orders. In the meanwhile, the Ontario government has again sought and been granted leave to appeal the decision at the Ontario Court of Appeal, calling on Ontario midwives to continue to fight to have their work valued fairly and free from a gender penalty. Hearing dates for the appeal have not yet been set.
Divisional Court Judicial Review
- Divisional Court Decision re: Judicial Review - June 29, 2020 (PDF, 755 KB)
Remedy Decision
- Human Rights Tribunal of Ontario's Decision on Remedy (PDF, 697 KB)
- Letter to the Minister of Health re: implementation of remedy (PDF, 272 KB)
- Key messages and orders (PDF, 259 KB)
- Understanding the gender pay gap for midwives (PDF, 270 KB)
Press
- June 19, 2020: ‘Huge victory for midwives’ as Ontario court upholds pay-equity ruling [Toronto Star]
- Mar 17, 2020: Letter: Province regressing on women's rights, citizen says [BarrieToday]
- Mar 11, 2020: Honour human rights tribunal decision: midwives [Wellington Advertiser]
- Mar 8, 2020: Midwives lobby province for better pay [DrydenNow]
- Mar 7, 2020: This Women’s Day, women are mobilizing against Doug Ford’s misogynist government [Niagara Falls Review]
- Mar 6, 2020: Sudbury midwives pushing for pay parity [Kingston Whig-Standard]
- Mar 5, 2020: Local midwives join province-wide messaging effort [ObserverXtra]
- Mar 2, 2020: Nickel Belt MPP France Gelinas supports midwives in pay equity fight [Sudbury Star]
- Mar 2, 2020: Midwives call on province to close gender pay gap [Chatham This Week]
- Mar 2, 2020: Ontario midwives face gender discrimination, must be paid more: Tribunal [HuffPost]
- Mar 1, 2020: Midwives rally to end gender pay gap in profession [Blackburn News]
- Feb 28, 2020: Area midwives ask Ted Arnott to support their fight for pay equity [Guelph Today]
- Feb 28, 2020: Pay Equity: Midwives win ruling, will get 20% pay increase for now [Ottawa Sun]
- Feb 27, 2020: Sudbury midwives are 'celebrating' possible wage increase [CTV]
- Feb 27, 2020: Midwives win discrimination ruling, apply pressure to close the pay gap [Ottawa Citizen]
- Feb 26, 2020: Midwives celebrate tribunal victory [Kingston Whig-Standard]
- Feb 26, 2020: Midwives celebrate landmark decision to end gender pay gap [Blackburn News]
- Feb 26, 2020: MoH should take heed of landmark Canadian midwives pay equity decision [New Zealand Doctor]
- Feb 25, 2020: Northern Ontario midwives feeling 'vindicated' after wage gap ruling [CBC]
- Feb 24, 2020: Midwives call on Ontario to close gender pay gap after human rights tribunal ruling [CBC]
- Feb 24, 2020: Tribunal delivers landmark victory to Ontario midwives in years-long pay-equity battle [The Star]
- Jan 24, 2020: Ontario’s midwives deserve pay equity [Queen's Journal]
Media Contact
Juana Berinstein
Director, Policy & Communications
Association of Ontario Midwives
Phone: 416-425-9974 x 2229
Mobile: 416-371-1468
juana.berinstein@aom.on.ca