Unit 6
Section 15 of The Charter:
A History and Overview

Overview

The history of section 15 of The Charter is directly tied to the women’s movement. For the first time, women participated in the drafting and negotiation process for constitutional amendment, directly influencing the final wording of section 15. In addition, women strategized over how to ensure that section 15 would be properly interpreted and applied by courts. They established a women’s organization specifically to engage in such cases: the Women’s Legal Education and Action Fund (LEAF). The most important factor in the story of section 15 is how it has been received and applied by courts. The sample cases will show that reception was initially quite positive, but, overall, has produced mixed results for women.

Learning Objectives

After completing this unit, students should be able to

1. discuss the role played by women in the constitutional amendment drafting process.
2. discuss the Supreme Court of Canada’s initial approach to section 15 and the subsequent development of that approach.
3. explain the relationship between section 15 and section 1 of the Charter.
4. identify the main components used to analyze section 15 claims.