Canada’s legal history is marked by pivotal cases that have shaped and advanced women’s rights Canada, reinforcing gender equality and setting crucial legal precedents. Here are some of the most influential rulings:
In Edwards v. Attorney General of Canada, five women—known as the Famous Five—challenged the exclusion of women from the Senate. The Supreme Court of Canada initially ruled against them, but the case was appealed to the Judicial Committee of the Privy Council in Britain, which overturned the decision. The ruling declared that women were “persons” under the law, paving the way for women empowerment Canada with their participation in political life and affirming that the Constitution should evolve with societal progress.
This landmark case established that sexual harassment is a form of sex-based discrimination under human rights law. Two female employees filed complaints against their employer for persistent harassment, but the Manitoba Court of Appeal ruled that the harassment did not constitute discrimination. The Supreme Court of Canada disagreed, finding that sexual harassment is inherently linked to gender-based discrimination. This decision significantly strengthened Canada women’s rights with protections for women in the workplace and shaped future sexual harassment policies.
Dr. Henry Morgentaler challenged Canada’s restrictive abortion laws, which required women to obtain approval from a hospital committee before accessing an abortion. The Supreme Court ruled that these laws violated a woman’s right to security of the person under Section 7 of the Charter of Rights and Freedoms. The Court found that the regulations were arbitrary and placed unnecessary health risks on women. This historic ruling effectively decriminalized abortion, leaving its regulation to medical practice and provincial guidelines upholding womens rights in Canada.
This case reinforced the “no means no” principle in Canadian law, establishing that implied consent is not a valid defense in sexual assault cases. The accused argued that the complainant’s behavior suggested consent, despite her repeatedly saying “no.” The Supreme Court ruled that consent must be explicitly given and freely communicated, rejecting the notion that silence or passivity implies agreement. This case set a critical precedent for sexual assault laws, ensuring stronger protections for survivors and securing women’s rights in Canada.
Since its adoption in 1982, the Canadian Charter of Rights and Freedoms has been instrumental in advancing gender equality. Organizations like the Women’s Legal Education and Action Fund (LEAF) have used the Charter to challenge discriminatory laws and advocate for women rights in courts. The Charter has served as a powerful tool in legal battles for reproductive freedom, workplace protections, and gender-based violence prevention.
