NOTE TO USERS This reproduction is the best copy available. UMf ?tpt u Ottawa L'Université canadienne Canada's university FACULTÉ DES ÉTUDES SUPERIEURES I=^l FACULTY OF GRADUATE AND ETPOSTOCTORALES u Ottawa posdoctoral studies L'Université canadienne Canada's university AmyGill AUTEUR DE LA THESE / AUTHOR OF THESIS M.A. (History) GRADE /DEGREE Department of History FACULTE, ECOLE, DEPARTEMENT / FACULTY, SCHOOL, DEPARTMENT In Their Finest Hour : Deciphering the Role of the Canadian Woman's Movement in the Formulation of the Charter of Rights and Freedoms TITRE DE LA THÈSE / TITLE OF THESIS Michael Behiels DIRECTEUR (DIRECTRICE) DE LATHESE/ THESIS SUPERVISOR C0-DIRECTEUR (C0-DIRECTRICE) DE LA THESE / THESIS CO-SUPERVISOR _SJheilaJMcIntyre Ruby_Heap_ .Gary W^Slat». Le Doyen de la Faculté des études supérieures et postdoctorales / Dean of the Faculty of Graduate and Postdoctoral Studies IN THEIR FINEST HOUR: Deciphering the Role of the Canadian Women's Movement in the Formulation of the Charter of Rights and Freedoms By Amy Gill Thesis submitted to the Faculty of Graduate and Postdoctoral Studies in partial fulfillment of the requirements for the MA degree in History University of Ottawa ©Amy Gill, Ottawa, Canada, 2010 Library and Archives Bibliothèque et ?F? Canada Archives Canada Published Heritage Direction du Branch Patrimoine de l'édition 395 Wellington Street 395, rue Wellington Ottawa ON K1 A 0N4 Ottawa ON K1A 0N4 Canada Canada Your file Votre référence ISBN: 978-0-494-69084-0 Our file Notre référence ISBN: 978-0-494-69084-0 NOTICE: AVIS: The author has granted a non- L'auteur a accordé une licence non exclusive exclusive license allowing Library and permettant à la Bibliothèque et Archives Archives Canada to reproduce, Canada de reproduire, publier, archiver, publish, archive, preserve, conserve, sauvegarder, conserver, transmettre au public communicate to the public by par télécommunication ou par l'Internet, prêter, telecommunication or on the Internet, distribuer et vendre des thèses partout dans le loan, distribute and sell theses monde, à des fins commerciales ou autres, sur worldwide, for commercial or non- support microforme, papier, électronique et/ou commercial purposes, in microform, autres formats. paper, electronic and/or any other formats. The author retains copyright L'auteur conserve la propriété du droit d'auteur ownership and moral rights in this et des droits moraux qui protège cette thèse. Ni thesis. Neither the thesis nor la thèse ni des extraits substantiels de celle-ci substantial extracts from it may be ne doivent être imprimés ou autrement printed or otherwise reproduced reproduits sans son autorisation. without the author's permission. In compliance with the Canadian Conformément à la loi canadienne sur la Privacy Act some supporting forms protection de la vie privée, quelques may have been removed from this formulaires secondaires ont été enlevés de thesis. cette thèse. While these forms may be included Bien que ces formulaires aient inclus dans in the document page count, their la pagination, il n'y aura aucun contenu removal does not represent any loss manquant. of content from the thesis. 1+1 Canada 11 ABSTRACT IN THEIR FINEST HOUR: Deciphering the Role of the Canadian Women's Movement in the Formulation of the Charter of Rights and Freedoms Amy Gill Supervisor: University of Ottawa, 20 1 0 Dr. Michael Behiels This thesis analyzes the role of the Canadian women's movement in the formulation of sections 15 and 28 in the Canadian Charter ofRights and Freedoms. Grounded in the context of the decade leading up to the 1980-1982 mega-constitutional debates, the ideas and actions of the women's movement demonstrate both their intellectual and political agency in securing a new interpretation of equality rights within the Charter. Intellectually, women drew on the legal experiences of Canadian, American, and international interpretations of equality as well as feminist ideology to conceive of a more substantive equality. Built out of two principles, equality of opportunity and equality of results, Canadian women devised a new language to reinforce the interpretation of substantive equality and sought out the means to transform their idea into reality. The success of the women's movement in this era is typically attributed to its effective mobilization, profiting from an environment in which Canadian women were able to develop a complex network of organizations at the national, provincial, local, and grass roots level. Moreover, the structure of the women's movement provided a powerful platform for key figures within the movement to articulate women's concerns and have those opinions respectfully considered. Only in tandem do the ideals championed by the women's movement and the structure of the movement allow for its eventual success. The women's movement was riddled by strong cleavages, including ideological, regional, class, and ethnic cleavages, but held together in this era by a common commitment to substantive equality. Providing an arena for action, the critical events that mark the 1980-1982 mega- constitutional debates showcase these elements and illustrate how Canadian women transformed their ideas into action. Examining the context leading up to the debates along with the events during the fourteen-month span of negotiations, it is argued that women played both an intellectual and political role in shaping equality rights in Canada. Their contributions not only secured an effective path to substantive equality but also irrevocably altered the nature of the debate surrounding human rights and changed the way Canadians understand, interpret, and practice equality. iii ACKNOWLEDGEMENTS There are many people I would like to thank for helping bring this project to a successful completion. First, I wish to extend special thanks to my thesis supervisor Professor Michael Behiels, for his ongoing support, patience, encouragement and valuable comments that helped strengthen this project. With my initial interests situated in the realm of political and intellectual history, Professor Behiels was responsible for introducing me to women's history - a facet that has since eclipsed my intrigue and will forever encompass my future endeavours - and for that I am extremely grateful. With his assistance I was able to acquire access to the newly collected and unreleased fond of Marilou McPhedran and I would like to thank both individuals for allowing me the opportunity to utilize this precious source. Through this entire process, members and colleagues of the Department of History at the University of Ottawa have provided insights, care, and support. As an executive member for the HGSA I had the privilege to meet and work with outstanding students, professors, and staff who consistently demonstrate the hard work and diligence that is required for a successful and fulfilling graduate program. Their presence throughout this process did not go unnoticed and will always be appreciated and admired. I am especially grateful to Professor Ruby Heap who has afforded me the opportunity to work on other projects related to women and further opened my mind to the many avenues of women's history. Special thanks should also be given to my colleague and friend Jordan Birenbaum whose knowledge and skill significantly assisted me as I worked to weave together this fascinating story. Finally, I would not have been able to accomplish this project without the support of my friends and family. I am profoundly indebted to my parents, for their encouragement and love throughout my schooling, and to my siblings whose friendship and esteem I cherish dearly. To those friends I have made here in Ottawa and those I left behind in Calgary, who patiently endured the prolonged explanations of my work and provided much needed emotional support, I thank-you. Above all I am especially grateful to Greg Miskie, who had unwavering confidence in both me and my work and whose support I could not have done without. The commitment and encouragement from all of those involved are a tribute to this project, and for their support and this entire experience I am truly indebted. iv TABLE OF CONTENTS ABSTRACT ii ACKNOWLEDGEMENTS iii TABLEOFCONTENTS iv ABBREVIATIONS vi INTRODUCTION 1 Objectives of Study 4 Historiography 8 Methodology 19 CHAPTER 1 Conceptions of Universal Human Rights and Gender Equality: Canadian Applications, 1945 -1979 22 The International Context 22 The Canadian Application 27 Canadian Jurisprudence 34 CHAPTER 2 Ideological Underpinnings - Canadian Feminism 41 Liberal Feminism 43 Socialist Feminism 46 "Radical" Feminism 51 Feminist Ideologies & Substantive Equality 57 CHAPTER 3 Utilizing Structure as a Vehicle - The Canadian Women's Movement in Action 61 Organizational Structure 62 The Impact of the RCSW 68 The Importance of NAC 73 Provincial Organizations and Local Grass Root Centers 76 Structure as a Platform for Individuals 78 Leaders within the Women's Movement 79 Women within Government 84 Women within the Law 87 V CHAPTER 4 The Dynamics of Priority: Transcending Barriers to Unity within the Canadian Women's Movement 95 Women of English-speaking Canada 97 Women of Canada's First Nations 99 Women of Francophone Quebec 106 CHAPTER 5 American Influences: Integrating the American Experience into the Canadian Context Ill American Feminist Ideology 117 Legal Jurisprudence in the United States 120 The American Women's Movement 127 CHAPTER 6 Winning Gender Equality Rights: Canadian Women and Mega- Constitutional Negotiations 130 Special