Canadian Charter Equality Rights for Women: One Step Forward or Two Steps Back
Gwen Brodsky and Shelagh Day
Date de parution : Septembre 1989
Éditeur : Canadian Advisory Councilon the Status of Women (Jan. 1 1989)
ISBN-10 : 9780662170112
ISBN-13 : 978-0662170112
This report begins with a brief description of women's condition of inequality which the Charter guarantees were designed to address. It also examines the main equality guarantee of the Charter, and the sex equality challenges to date. In addition it reviews the equality theories being applied by the courts in the sex equality challenges, as well as how critical interpretive issues have been resolved. It describes who is using the Charter to do what, and discusses the problem of access to the courts. Finally it deals with the theory of formal equality, and expands the model of equality and the interpretive framework proposed.
Lawyer Gwen Brodsky and human rights expert Shelagh Day, both based in Vancouver, British Columbia, undertook an analysis of all decisions handed down by courts at all levels during the first three years that section 15 of the Charter was in effect. The result of their research, Canadian Charter Equality Rights for Women: One Step Forward or Two Steps Back?, is the first comprehensive report on Charter equality rights and the first assessment of the approaches which governments, courts, and the legal profession have taken to the subject.
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