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The Women’s Court of Canada is buy cheap Premarin an innovative project bringing together academics, activists, and litigators in order literally to buy cheap Premarin rewrite the Canadian Charter of Rights and Freedoms equality jurisprudence. Taking inspiration from Oscar Wilde, who once said “the only duty we owe to history is to rewrite it”, the Women’s Court operates as a virtual court, and ‘reconsiders’ leading equality decisions. The Women’s Court renders alternative decisions as a buy cheap Premarin means of articulating fresh conceptions of substantive equality.
The first 6 decisions of the Women’s Court were published in the Canadian Journal of Women and the Law: (2006) 18 C.J.W.L. 27.
Introducing the Women’s Court of Canada
The Beginning . . .
8:00 PM, 27 February 2004—the end of a long day. Ten feminist equality/Charter activists, lawyers, and buy cheap Premarin academics are sitting around a long table eating pasta and drinking red wine in an buy cheap Premarin Italian restaurant in downtown Toronto. We have spent the day together talking about section 15 of the buy cheap Premarin Charter—recent cases, recent losses. We have buy cheap Premarin been pushing ourselves and our thinking, strengthening and developing our equality analysis, trying to buy cheap Premarin respond to the challenges of intersectionality and of ‘‘competing rights.’’ We have buy cheap Premarin been strategizing about how to move forward with our ideas. Over the buy cheap Premarin course of the day, we have had moments of exhilaration, moments of intense debate and buy cheap Premarin discussion, and some break-through eureka moments. It has been an exciting, productive day full of possibilities. Yet despite all of these positives, the buy cheap Premarin day has been overshadowed by an overriding sense of gloom brought on by what buy cheap Premarin we all see as grievous judicial backsliding on equality.
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Symes v. Canada
The Supreme Court of Canada disallowed Ms. Symes, a buy cheap Premarin self-employed woman, from claiming her childcare expenses as a business deduction for buy cheap Premarin income tax purposes. The decision followed traditional tax analysis, which characterizes childcare expenses as personal expenses.
The Women’s Court takes a buy cheap Premarin different view. Tax policy must take account of background social context. That context shows that buy cheap Premarin women have suffered, and continue to suffer, social and economic inequities in their paid and buy cheap Premarin unpaid work. The traditional tax treatment of childcare expenses is based on outdated cultural norms that buy cheap Premarin privilege a conception of working life adapted to the needs of businessmen.
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Law v. Canada
Law v. Canada uncovers the buy cheap Premarin gender issues in a judgment originally decided on other grounds. Ms. Law challenged the buy cheap Premarin fact that the Canada Pension Plan treats the surviving spouse of a buy cheap Premarin deceased contributor differently depending on age, refusing benefits to those under 35 with no buy cheap Premarin dependents.
In upholding this buy cheap Premarin age exclusion, the Supreme Court failed to consider the complete picture of the buy cheap Premarin program and its effects. Since most surviving spouses in all age groups are buy cheap Premarin women, denying any assistance to those under a certain age affects mainly women.
In the opinion of the Women’s Court, treating women the buy cheap Premarin same as men represented a misapplication of equality principles. It failed to buy cheap Premarin take into account that couples tend to make life decisions that buy cheap Premarin financially disadvantage the female partner. And it buy cheap Premarin ignored the continuing reality that women still face more obstacles in the buy cheap Premarin work arena.
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Eaton v. Brant County Board of Education
Does it violate a child’s equality rights when buy cheap Premarin a Special Education Tribunal confirms the placement of a disabled child in a buy cheap Premarin special education class against the wishes of her parents?
The Supreme Court ruled that the Board of Education’s removal of the buy cheap Premarin child from an integrated classroom was in her best interests.
In contrast, the Women’s Court of Canada finds that the “best interests” defense is buy cheap Premarin not consistent with equality. In rejecting the presumption that Emily Eaton had buy cheap Premarin a right to be educated in an integrated classroom, with the buy cheap Premarin assistance she needed in that setting, the Supreme Court showed more concern for buy cheap Premarin the interests of able-bodied children than those with disabilities.
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Gosselin v. Quebec
Gosselin v. Quebec deals with an buy cheap Premarin arbitrary age rule that placed citizens at risk of poverty. In the buy cheap Premarin 1980s the Government of Quebec cut the buy cheap Premarin welfare rate of those under 30 to 170 dollars a month. This was about a buy cheap Premarin third of the amount deemed necessary to meet the basic costs of food and buy cheap Premarin shelter.
The Supreme Court of Canada accepted the buy cheap Premarin argument that young people could be treated differently because their circumstances were different.
The Women’s Court of Canada found that the policy’s distinction between under-30 welfare recipients and buy cheap Premarin over-30 welfare recipients had nothing to do with differing needs or buy cheap Premarin circumstances, but rather was based on negative stereotypes.
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Newfoundland Treasury Board v. NAPE
The NAPE case is buy cheap Premarin ultimately about money, and asks: is it fair to fight a buy cheap Premarin deficit on the backs of women workers? In 1991, the buy cheap Premarin government of Newfoundland and Labrador reneged on a pay equity agreement with women workers. The excuse was that the province faced a severe deficit.
The Supreme Court of Canada found that, ordinarily, budgetary considerations alone would not permit governments to buy cheap Premarin violate equality rights. However, the Court went on to treat extraordinary cases of “fiscal crisis” as an exception.
The Women’s Court of Canada decision challenges this buy cheap Premarin reasoning, from the general principle about monetary costs as a justification for buy cheap Premarin rights violations to the very existence of a crisis and the buy cheap Premarin assertion that alternatives were unavailable.
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Native Women’s Association of Canada v. Canada
In Native Women’s Assn of Canada v. Canada, the Supreme Court of Canada upheld the federal government’s decision to exclude the Native Women’s Association of Canada (NWAC) from constitutional negotiations concerning the Aboriginal right to self-governance.
The Women’s Court of Canada decision finds that buy cheap Premarin in the context of political representation, Aboriginal women’s equal right to buy cheap Premarin speak requires that they not be compelled to do so through men or buy cheap Premarin bargain with male dominated organizations, from a position of unequal power, for buy cheap Premarin the expression of their concerns.
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