Le droit des femmes à l'égalité en droit canadien, lente reconnaissance
The right to gender equality (or the right of women to equality or not to be discriminated based on their sex) has been part of Canadian law since at least the Canadian Bill of Rights but has only been constitutionalized since 1982 in the Canadian Charter of Rights and Freedoms. During this research, it is compelling to note that our domestic legal instruments are influenced by international instruments. We also noticed the extent to which the thinking of feminists from the South was influential in the drafting of the Universal Declaration of Human Rights, particularly in the introduction of the word “woman” and the principle of equality between the sexes. Similarly, the influence of feminist jurists and feminist activists had a strong influence on the Canadian Charter, particularly in the drafting and adoption of sections 15 and 28. However, the thinking of Southern feminists and Canadian feminists was slow to penetrate the Supreme Court of Canada’s interpretation of women’s right to equality. Had it not been for the work of women judges Wilson, L’Heureux-Dubé and Justice Abella, who knows if we would have had at last the recognition of an infringement of the right to gender equality that deserves redress. This happened in 2018 under the pen of Justice Abella. This brief analyzes the laborious use of section 15 and section 28 of the Canadian Charter and how section 7 of the Charter came to the rescue of women’s dignity. To this day, these rights remain fragile.
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