[Title 1] Guarantee of Rights and Freedoms

Limitation of Rights

1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society

.

[Title 6] Equality Rights

General Equality, No Discrimination

15. (1) Every individual is equal before the and under the law and has the right to the equal protection and equal benefit of the law without discrimination based on race, national or ethnic origin, colour, religion, sex, age, or mental or physical disability.

(2) Subsection (1) does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because or race, national or ethnic origin, colour, religion, sex, age, or mental or physical disability.

Selected Notes from the Department Of Justice

The jurisprudence of this Court is clear; equality does not necessarily connote identical treatment and, in fact, different treatment may be called for in certain cases to promote equality. Given the historical, biological and sociological differences between men and women, equality does not demand that practices which are forbidden where male officers guard female inmates must also be banned where female officers guard male inmates. The reality of the relationship between the sexes is such that the historical trend of violence perpetrated by men against women is not matched by a comparable trend pursuant to which men are the victims and women the aggressors. Biologically, a frisk search or surveillance of a man's chest area conducted by a female guard does not implicate the same concerns as the same practice by a male guard in relation to a female inmate. Moreover, women generally occupy a disadvantaged position in society in relation to men. Viewed in this light, it becomes clear that the effect of cross-gender searching is different and more threatening for women than for men. The different treatment to which the appellant objects thus may not be discrimination at all: Conway v. Canada (Attorney General), [1993] 2 S.C.R. 872..
.

[Title 10] General

Sex Equality

28. Notwithstanding anything in this Charter, the rights and freedoms referred to in it are guaranteed equally to male and female persons.

Selected Notes from the Department Of Justice

Section 28 is not an overriding section regardless of how the balance of the Charter is read. It refers only to the rights and freedoms in the Charter. If it were to be considered as something as more than merely emphasizing that in s.15 and in other sections men and women were to be treated equally, then it would override all sections, including s.1. If this were so, there could be no limits of any sort prescribed by law upon the equality of the sexes. This would mean that there could be no restrictions upon them, even to prohibit matters contrary to public decency; it would prohibit, under 15(2), affirmative action programmes based on sex. It was not the intent of the Charter to destroy reasonable limits that may be prescribed by law, or to prohibit affirmative action programmes: Blainey v. Ontario Hockey Association et al. (1986), 21 D.L.R. (4th) 599 (Ont. S.C.); appeal allowed on other grounds (1986), 26 D.L.R. (4th) 728 (Ont. C.A.); leave to appeal refused (S.C.C., June 26, 1986).
.

[Section 52]

52. (1) The Constitution of Canada is the supreme law of Canada, and any law that is inconsistent with the provisions of the Constitution is, to the extent of the inconsistency, of no force or effect.

(2) The Constitution of Canada includes
(a) the Canada Act, 1982, including this act;
(b) the Acts and orders referred to in the Schedule; and
(c) any amendment to any Act or order referred to in Paragraph (a) or (b).

(3) Amendments to the Constitution of Canada shall be made only in accordance with the authority contained in the Constitution of Canada.