Gender Equality

Ahluwalia v. Ahluwalia: How Should the Law Confront Intimate Partner Violence?

In Ahluwalia v. Ahluwalia, the Supreme Court of Canada reckoned with the largely-gendered harms of intimate partner violence. Justice Kasirer established a framework for developing new intentional torts, created a new tort of intimate partner violence to combat the distinct wrong of coercive control, and clarified the overlapping roles that tort and family law play for seeking justice and compensating victims. While the Court’s decision provided some needed clarity, it also raised as many questions as it answered, leaving unaddressed issues to be resolved in future decisions.

Beyond Neutrality: Kanyinda, s. 15(1), and the Limits of Facial Equality

In Quebec (Attorney General) v Kanyinda, the SCC considered whether the provincial subsidized childcare regime of Quebec violates the equality rights guaranteed under s. 15(1) of Charter. Karakatsanis J., writing for the majority, held that the provisions of the Reduced Contribution Regulation that excluded refugee claimants from eligibility to participate in the subsidized childcare program created adverse effects discrimination based on sex. Although facially neutral, the legislative scheme disproportionately impacted and burdened female refugee claimants, who are more likely to bear the primary burden of childcare responsibilities.

Hansman v Neufeld: Speech Promoting Equality is More Equal

The Supreme Court of Canada (“the Court”) has recognized that expression promoting equality by countering harmful speech is worthy of heightened protection because of its relation to Canadian Charter of Rights and Freedoms [Charter] s. 15(1) values, which bring it closer to the core values animating s. 2(b). 

ONCA Advances Pay Equity Legislation Enforcement of Proxy Method in Ontario Nurses’ Association v Participating Nursing Homes

On March 9, 2021, the Ontario Court of Appeal (“ONCA”) ruled in favour of Ontario Nurses Association (“ONA”) and Service Employees International Union (“SEIU”) Local 1 on the pay equity case Ontario Nurses’ Association v Participating Nursing Homes, 2021 ONCA 148 [ONA v PNH]. The case was a judicial review of the Pay Equity Hearings […]

Fraser v Canada: Paving the Road Towards Gender Equality

The Supreme Court of Canada (“SCC”) (“The Court”) released their decision regarding the case of Fraser v Canada (Attorney General) 2020 SCC 28 [Fraser] in October 2020, however, the significance of this decision is noteworthy at this particular time in society, as we continue to grapple with discrimination and inequality.

Quebec (AG) v Alliance. : Quebec’s Legislative Swing and Miss on Pay Equity Legislation

Introduction The fight for pay equity has recently made headlines both around the word and here at home. In early 2018, Iceland passed legislation mandating that companies of 25 or more employees must prove that women are being paid fairly in comparison with their male counterparts or risk penalties and fines. Closer to home, the […]

R v Barton: Do “Rape Shield” Laws Apply in First Degree Murder Cases?

Author's Note:  This article and the linked case discuss sexual violence and violence against women that may be upsetting to readers.   Introduction Myths and stereotypes about consent, women’s sexuality, and sexual assault are very much alive and well within criminal proceedings. In an attempt to mitigate the ill effects of these stereotypes, Parliament has enacted […]

Models Needed: Reviewing Prostitution Laws Since Canada v. Bedford

Nearly three years after the Supreme Court (“the Court”) issued its ground-breaking judgment in Canada (Attorney General) v. Bedford, 2013 SCC 72 [Bedford] and two years since the federal government passed Bill C-36, the Canadian polity remains mired in philosophic, moral, and political debate surrounding the acceptability of sex work. The Protection of Communities and […]

Amici Curiae: Harper nominates our next SCC Justice, and Ontario Promises to Change the Way its Jails Treat Mentally Ill Women

Harper nominates our next SCC Justice With Justice Morris Fish resigning from the bench on August 31 2013, speculation mounted on who would take his place as the next Supreme Court Justice.  Well everyone, the nomination is in.  On Monday September 30 2013, Prime Minister Harper announced that he has nominated Justice Marc Nadon to […]

Quebec (Attorney General) v A—Much ado about saying “I do”

In a decision handed down on January 25th, 2013, the Supreme Court of Canada dealt with a Charter challenge to certain spousal support and property division articles in the Québec Civil Code. These provisions only applied to married or civil union spouses and it was argued that these provisions were unconstitutional under section 15(1) of […]