Wednesday, February 24, 2021
Beverley Baines, Federalism and Women's Equality Campaigns in Canada, final version available in Jill Vickers, Joan Grace and Cheryl Collier (eds) Handbook on Gender, Diversity and Federalism, Edward Elgar Publishing Ltd, 2020 http://dx.doi.org/10.4337/9781788119306.00022)
The three recent campaigns to constitutionalize women’s equality rights resulted in section 28 of the Canadian Charter of Rights and Freedoms, section 35(4) of the Constitution Act, 1982, and section 50.1 of the Quebec Charter of Human Rights and Freedom. The virtually identical wording of these laws belies significant differences among these campaigns. This chapter identifies these differences by applying Judith Resnik’s concept of federalism, Jill Vickers’ concept of gender, and Davina Cooper’s concept of diversity (GDiv) to the campaigns. The concepts reveal campaign narratives that submerged multicultural, indigenous, and intercultural identities. I borrow Vrinda Narain’s concept of intersectionality to argue that dialogues about the differences between women whose identities are submerged and mainstream women should inform feminist scholarship about the interpretation(s) of sections 28, 35(4) and 50.1.