Using the Canadian Charter of Rights and Freedoms to Constitute Women


Baines, Beverley. 2005. “Using the Canadian Charter of Rights and Freedoms to Constitute Women.” In The Gender of  Constitutional Jurisprudence, edited by Ruth Rubio-Marín and Beverley Baines, 48–74. New York: Cambridge University Press.

Author: Beverley Baines


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.

Topics: Feminisms, Gender, Women, Gendered Power Relations, Gender Equality/Inequality, Governance, Rights, Women's Rights Regions: Americas, North America Countries: Canada

Year: 2005

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