(2009) 6:2 Journal of Law and Equality 163-200.
In the late 2000’s I was thinking a lot about women’s equality as it relates to freedom of religion. This piece grew out of that work. In it I investigate an interesting trend that really crystallized during that period: the presence of far more robust substantive equality analysis in cases arising under section 2(a) of the Charter than in cases arising under section 15. I was thrown a bit of a curve ball when, right before publication, the Supreme Court of Canada issued its decision in Hutterian Brethen of Wilson Colony. See how I folded that case into my argument that religious freedom jurisprudence does, indeed, provide numerous insights about the nature of equality.