The Charter’s Forgotten Weapon: Reclaiming Section 28 For Trans Equality
DOI:
https://doi.org/10.21991/cf29505Abstract
As trans rights face unprecedented legislative attacks in Canada, courts continue to overlook one of the Charter’s most powerful equality guarantees. Section 28 demands equal protection across sex — but properly interpreted, it also compels recognition of gender identity and expression. This paper accordingly revives section 28 as a constitutional game-changer: a bold, underused tool to confront anti-trans laws and dismantle sexgender hierarchies.
Downloads
Published
Issue
Section
License
Copyright (c) 2025 Erin Masters
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
Authors who publish with Constitutional Forum constitutionnel grant the journal the right of first publication, and agree to license the work under an Attribution-NonCommercial-NoDerivs (CC BY-NC-ND) that allows others to share the work for non-commercial purposes, with an acknowledgement of the work's authorship and initial publication in this journal, as long as no changes are made to the original work. Please use this format to attribute this work to Constitutional Forum constitutionnel:
"First published as: Title of Article, Contributor, Constitutional Forum constitutionnel Volume/Issue, Copyright © [year], Publisher"
