Shouting into the Constitutional Void: Section 28 and Bill 21

  • Kerri A Froc


For several years now, I have been arguing that section 28 of the Canadian Charter of Rights and Freedoms1 is more than a symbolic flourish, more than just emphasis for section 15’s sex equality guarantee, and more than an interpretive provision. In fact, it has its own independent work to do. This includes blocking attempts by government to use section 33 to preserve gender inequality.