Equality Without Democratic Values: Why Feminists Oppose the Criminal Procedure Reforms
(1999) 19 Canadian Woman Studies 7-21
16 Pages Posted: 9 May 2013
Date Written: 1999
This article will firstly provide an overview of feminist theorizing around equality. It will secondly turn to the case law decided pursuant to the equality guarantees (sections 15 and 28) of the Canadian Charter of Rights and Freedoms in an effort to extract the broad principles and analytic approaches used by the courts in Canada, particularly where they are congruent with feminist approaches. Thirdly, the paper will summarize the changes in criminal procedure brought about by two bills that have already become law and the kinds of changes we might see in the third stage. Fourthly and finally, the paper will illustrate the practical and symbolic implications of these reforms for women, by reference to equality rights and democratic values.
Keywords: feminist theory, feminist theory and equality, Charter of Rights & Freedoms, criminal law procedure, changes & criminal law procedure, reforms, women, practical implications of reforms for women, symbolic implications of reforms for women, equality rights, equality rights & women, democratic values
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