ABSTRACT
This chapter focuses on developments concerning gender equality under the charter in the past decade in Canada. It describes the ways that legal principles are used to interpret gender equality guarantees and the extent to which the interpretative process in law is affected fundamentally by patterns of gendered social relationships in Canada. The chapter examines the impact of socially-defined gender roles and expectations as a force which shapes underlying assumptions and processes of reasoning about gender issues. In the context of newly-entrenched sex and gender equality guarantees in the South African constitution, it is useful to reflect on the extent to which the Canadian Charter has proved to be an important ‘tool’ for achieving equality objectives for women. An assessment of the charter’s role in making women’s rights effective in Canada must take account of the context within which such equality guarantees exist.
