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The Peter A. Allard School of Law
Canadian Charter of Rights and Freedoms; equality; section 15; sexual assault; judicial reasoning; fact determination; stereotypes; proof
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Sexual Assault Cases In The Supreme Court Of Canada: Losing Sight Of Substantive Equality?, Emma Cunliffe
Sexual Assault Cases In The Supreme Court Of Canada: Losing Sight Of Substantive Equality?, Emma Cunliffe
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The equality guarantee contained in section 15 of the Canadian Charter of Rights and Freedoms has prompted reforms that protect women as complainants in sexual assault cases. This article considers the effectiveness of these reforms. Part 2 supplies a history of the relationships between consent, trial procedure, and substantive equality in sexual assault law. The author argues that substantive equality has had a significant effect on both substance and procedure. Part 3 examines the impact of these reforms by considering the extent to which substantive equality has infused judicial reasoning and fact determination in contested sexual assault cases. Specifically, the …