Using the Canadian Charter of Rights and Freedoms to Constitute Women

In B. Baines and R. Rubio-Marin, eds., The Gender of Constitutional Jurisprudence (Cambridge University Press, 2005)

Queen's University Legal Research Paper No. 035

25 Pages Posted: 6 Sep 2012 Last revised: 18 Apr 2015

See all articles by Beverley Baines

Beverley Baines

Queen's University - Faculty of Law

Date Written: August 15, 2003

Abstract

After examining the role of feminists in the development of the equality doctrine under the Canadian Charter of Rights and Freedoms, this chapter assesses Charter sex equality and related jurisprudence from 1985 to 2003. My objective is to reveal the initial impact on women of adopting a rights protecting regime. This impact falls into three categories (i) naming male privilege, (ii) contextualizing women, and (iii) transforming society. The results show much work remains to be done if we expect equality doctrine to transform women’s lives.

Keywords: women, Canada, Charter

Suggested Citation

Baines, Beverley, Using the Canadian Charter of Rights and Freedoms to Constitute Women (August 15, 2003). In B. Baines and R. Rubio-Marin, eds., The Gender of Constitutional Jurisprudence (Cambridge University Press, 2005); Queen's University Legal Research Paper No. 035. Available at SSRN: https://ssrn.com/abstract=2140980

Beverley Baines (Contact Author)

Queen's University - Faculty of Law ( email )

Macdonald Hall
Kingston, Ontario K7L 3N6 K7L3N6
Canada

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