ABSTRACT
The litigation strategies of oppressed groups have been strenuously criticized not only by the ideological Right, which was predictable, but by Canadian legal scholars on the Left. The latter individuals have proffered some very weighty critiques of law, the legal system, legal culture, the courts, rights discourse, and the Charter. Feminists are of course acutely aware of the dangers of engaging with law, as is evidenced by an extensive body of feminist legal scholarship critiquing the patriarchal nature of contemporary liberal legal systems and rights instruments. This chapter discusses the possibilities for the strategic use of justice in Charter litigation. It analyzes a number of past and recent Supreme Court of Canada decisions that have represented serious losses for the equality-seeking claimants. The limitations of the same treatment model have led to an intense debate among feminists about whether women should instead demand different treatment to account for women's unique situations and interests.
