Sexism In Canadian Law

In 1968 Pierre Trudeau liberalized laws on abortion, homosexuality and public lotteries. Trudeau’s most famous quote came from the legalization of homosexuality and that quote is “there's no place for the state in the bedrooms of the nation”#. Trudeau views people’s lives as personal and their decision to have sexual intercourse, be in a relationship or marry whatever sex they prefer is their own decision and that is why this law is particularly a good one for the gay and lesbian population of Canada. Instead of being punished for liking the same sex they are now able to be with who they want to be with. Pierre Trudeau also brought in the abortion law which allows women to have an abortion granted that they get permission from three doctors who say that the pregnancy will negatively affect them

The first reason that shows that Canada has become a “just society” is the changes to women’s legal rights. Since the 1970s, many women have stepped up to the work of politics. Several instances include Kim Campbell, the first woman to become the prime minister of Canada,1 Kathleen Wynne, the first premier of Canada to be lesbian,2 Beverley McLachlin, the “first female chief of justice of the Supreme Court of Canada,”3 and Catherine Callbeck, the second female provincial premiere and first woman to win

Australian law has reflected the status of women in Anglo-Celtic culture. Today there are women in Australia from widely diverse cultural backgrounds and the law has a role in ensuring the safety, freedom, security and equality of opportunity for them all. As the status of women varies from culture to culture and changes over time, the law has had to adapt and evolve in order to fulfill its role.

To prove that the Charter protects some rights but not all, a court case that involved Dr Henry Morgentaler and the Supreme Court of Canada was successful after trials. Before this case, women were only allowed to have an abortion after proper certification of approval from a hospital's Therapeutic Abortion Committee. Three doctors including Morgentaler set up an abortion clinic that allowed women to have an abortion without a certification of approval. He was later charged with illegal abortion under section 251 of the Criminal Code. Morgentaler argued that women had full right on deciding whether or not they wanted an abortion. This law was struck down as unconstitutional as it violated a woman’s right according to section 7 on the Charter.

The Canadian legal system was influenced dramatically by the Persons case, the Napoleonic code and the Magna Carta. First, the Persons case significantly influenced the Law system as known today. The Persons case, which took place in 1926 was regarding Emily Murphy, an Alberta police magistrate, otherwise known as a judge. While judging a case, her ruling was challenged because according to the British North America Act, women weren’t considered “persons.” In order to change this, Emily Murphy along with the Alberta Famous five started the legal process to prove that women were persons in 1928. The Famous five took the government to court, first at provincial level, then the Supreme Court, however they were unsuccessful. In 1929, the women

In order to bring these often very abstract issues to life, we will examine a selection of high profile and prominent decisions (mainly from Canadian courts, and frequently from the Supreme Court of Canada) which can be said to have changed the law, and in which the judges of the court have disagreed among themselves. Cases to be covered concern controversial issues such as Battered Woman Syndrome, Euthanasia/ Physician Assisted Suicide, Hate Speech, Marijuana Use, Obscenity/ Pornography, Prostitution, or topics in human rights (i.e., freedom of expression, national security and the right not to be tortured, or religious freedom). Analysis of cases will include exploration and examination of the philosophical aspects of crucial terms and concepts that appear in Canadian law, such as in the Criminal Code of Canada, or in the Canadian Charter of Rights and Freedoms.

It has been a long and hard journey in Canada to attain gender equality between men and women. Today, most people are unaware of the discrimination in workplaces, schools, and everyday life. Due to the Famous Five who lead the Persons Case that stated women as official persons, and many heroic individuals who lead the Women’s Suffrage Movement, women now have more opportunities than ever before. The Canadian Labour Movement has helped improve many citizens’ careers including those of women, protecting them from discrimination, violence, and harassment at work. Saskatchewan feminism has followed a similar path to Canada concerning women’s rights, most often categorized into three influential periods of time. The gender pay gap is the difference of money that men and women make, that is a crucial example of gender inequality. Gender stereotypes have limited the ability of men and women, judging them with false ideas through the media. All of these have played a major part of women’s rights and gender equality today.

The Persons Case was a turning point for women in the 1920s because of how they were treated under the law “On October 18, 1929. The privy council overturned the Supreme Court decision and ruled that Canadian women are persons” (Colyer, Cecillon, Draper, Hoogeveen 154). This quote shows how women were now seen as persons in the British North American Act and were now allowed to become senators. This redefined women’s role in society because women were now seen as equals in the eyes of the law. The Persons case had a positive impact on Canadian society because women now had a larger voice and say in the government and it empowered women all across Canada. The Federal Divorce Law was an important part of the 1920’s for women in Canada because it gave them the same rights as men in a marriage “Prior to 1925, women could only apply for a divorce under special conditions. Now, they could apply for a divorce on the same grounds as men” (Morrison 39). This quote proves how the Federal Divorce Law gave women the same rights as men when filing a divorce. This redefined women’s role in society because the fact that women and men were guided by the same conditions under the law was seen as a step forward in women’s equality. The Federal Divorce Law had a positive impact on society because women could now file for divorce and many could get out of unhealthy relationships which could not have been possible before this law was passed. The Dominion Elections act is another example of how women’s role in society changed where this act allowed women to vote and run in elections “In 1920, the federal government attended the act to make the federal franchise uniform (granting the right for both women and men to vote in federal elections) across Canada”

A woman within three days of arriving from China in 2005 joined a husband she barely knew, the woman was constantly being punched and suffocated by him. She knew no one in Canada and was unable to speak a word of English. The 36-year-old woman used to scream loudly to attract attention during the beatings. After being put through all that, her husband called the Toronto police and accused his wife of assaulting him. In early March 2005, two officers entered their apartment, and arrested her for assault. She spent days in jails and courtrooms, unable to give her side of the story because she was not provided an interpreter.

Before 1988, abortion in Canada was illegal in all providences however due to the relatively new Charter of Rights and Freedoms Canadian doctors were able to challenge the law. According to section 7, the Charter “guarantees the life, liberty and personal security of all Canadians. It also demands that governments respect the basic principles of justice whenever it intrudes on those rights.”(Section 7, Charter of Rights and Freedoms). Thus the law banning abortion was a violation of the rights guaranteed in the Charter, and as one of the prevailing justices in the case stated: "The right to liberty...guarantees a degree of personal autonomy over important decisions intimately affecting his or her private life. ... The decision whether or not to terminate a pregnancy is essentially a moral decision and in a free and democratic society, the conscience of the individual must be paramount to that of the state." The Charter further protects the right of choice, moral decisions, and freedom of personal

Through the Contemporary Women’s Issues in Canada course, various topics related to gender inequality were discussed. Due to a long history, of sexism and misogyny in many aspects of Canadian society, outdated behaviours and thoughts have prevailed in many aspects of society. Three main topics that are central to achieving gender equality are gendered violence, gender roles and socialization, and child care.

Gender inequality has been a long part of Canada’s history with men being the dominant decision makers. Women have had to fight long hard battles and overcome numerous obstacles to prove themselves and demonstrate that they are equal to men and not inferior. Over the course of a century women have achieved suffrage and have become increasingly visible in the political and economic sectors. Despite all the achievements women have made barriers remain in effect leaving women at a social, economic and political disadvantage even in the twenty-first century. The primary obstacles in achieving gender equality are the noticeable absence of women in authoritative economic and political positions, unfair social stereotypes that are still

Our society has the belief that women have always been portrayed as weak, emotional, and powerless. Throughout this article by Tavia Grant, it shows how women do not get the same opportunities men receive. Statistically shown, women are still earning less money than men regardless to the amount of education they possess (Grant). Women are accepted to hold obligations regarding family tasks while the men do the providing in the family. The article shows the disadvantages women have in Canada compared to men, however, it also shows gender inequality and gender discrimination.

The case of Roe vs. Wade was an example of an individual’s rights and privacy against long held doctrines based on religious beliefs. In 1973, a woman by the name of Norma L. McCorvey, using an alias of Jane Roe, was single and living in Texas. She got pregnant and wanted an abortion, but it was illegal. The case eventually made its way to the United States Supreme Court. The Court recognized in a 7 to 2 decision that the Constitutional right to privacy should include a person’s choice to terminate their pregnancy. This case became not known as one of a person’s right to privacy, but rather the case that legalized abortion (Roe v. Wade).

Gender discrimination against women is out of control across the world and seeps into many aspects of women 's lives. This discrimination harms women in two ways. First, women directly experience stressful events. The experience of sexism is so common that some research suggests women can experience one to two instances of everyday sexism. But women aren 't only harmed by sexism through the physical stress caused by others. They are harmed to the extent that they internalize and adopt these sexist attitudes that can manifest as poor self-concept. This negative self-concept often obvious on a subconscious level, as women and men will demonstrate automatic negative biases against women (Ferguson, 2013).