Since putting forth my name as a "breastfeeding advocate" I have had several woman contact me with their custody/access situations and ask if anything could be done.  In Canada our Human Rights Legislation has so far been used to protect breastfeeding in cases of breastfeeding in public, and job loss.  Breastfeeding is not named specifically as being protected, but rather federal, provincial and territorial human rights legislation prohibits discrimination on the basis of family status, sex or conditions related to pregnancy, and so as only women breastfeed, and it is a condition related to pregnancy, it is protected.

As I think more about these cases, I think we need to emphasize that it is "breastfeeding" that we want/need protected, not "the feeding of breast milk".  I realize that the Canadian and American employments situations vary greatly (one year maternity leave vs the majority of moms back at work at 12 weeks, and pumping).  So, in America a precedent is set that pumping and sending breastmilk along with baby is a totally acceptable replacement to breastfeeding.  I hope to see some cases in Canada where a mom would use our Human Rights Code to challenge custody/access arrangements.

I didn't return to work until 9 months, and with creative child-care arrangements was able to avoid pumping, bottles and formula completely even while traveling locally overnight.  But it was my refusal to leave my daughter behind to attend twice yearly week-long national sales conferences that ultimately led to my job loss.  I feel my experiences are very similar to what these mothers facing overnight visitations must be feeling and thinking.

I am surprised that a judge would ignore a doctor's note.  I know in my case, my easygoing Dr, although not particularly a promoter of breastfeeding, would have written practically whatever I wanted or needed in a note to my employer.  What about stating that this baby has a mouth structure that doesn't allow feeding from a bottle without long term damage occuring to jaw/facial muscles and structure and putting baby at risk of speech problems and orthodontic work?  (  ;-) that's true, isn't it??? ;-)

Janice Reynolds,
Consumer Rep, Breastfeeding Committee for Canada,
now putting her "creative selling skills" to use for the side of "good"

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