Sex Discrimination in Canada: Issues, Theories, and Cases

Running head: SOCIOLOGY
SEX DISCRIMINATION
Name of the student
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Table of Contents
Introduction:...............................................................................................................................2
Discussion:.................................................................................................................................2
Conclusion:................................................................................................................................7
Reference:..................................................................................................................................8

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Introduction:
It is the basic principal right of the individual to be treated equally. This right has
been ensured by the human rights also. However, when a person has been discriminated due
to his or her sexuality, such discrimination could be regarded as sexual discrimination. The
matter related to the sexual discrimination is an illegal process and according to the Universal
Declaration of human Rights, every person should have equal rights and they will not be
treated differently in respect of their sex, caste, creed or anything else. Certain legislations
have also been implemented for abolishing sexual harassment from the society and from the
employment. This practice has infected the society to certain greater extent and there are
certain cases where the court has pronounced necessary judgments. However, it has been
observed that the application of this act has not been resolved. Certain researches have been
made upon this matter and certain theories have been generated thereto. This report is going
to deal with all such theories and certain cases have been mentioned in the report to
understand the perspective of this social ill.
Discussion:
In Canada, sexual discrimination has become a serious social issue and certain steps
have been taken by the government to curb the application of this heinous crime whether in
the society or in the workplaces. Certain prohibitions have been provided under section 6 of
the Manitoba Human Rights Act. However, certain recommendations have been made by the
court in the case of Janzen v Platy Enterprises Ltd [1989] 59 D.L.R. 352. In Canada, there are
certain constitutional and statutory prohibitions on the sexual harassment or the sex
discrimination. Canada’s constitution has made certain provisions for the maintenance of
equal rights and opportunities for the citizen and in this regard, certain Charter of Rights has
been inserted in the constitution under Canada Act 1982. It has been mentioned under section

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5 of the charter that every citizen will get equal democratic rights and opportunities in every
sphere of his life. Law protects those rights and the infringing party has to face penal
provisions. The rule regarding the sexual harassment has been ruled out by the Canadian
Supreme Court in the case of Andrews v Law Society of British Columbia 1 S.C.R. 143
(1989). A specific definition has been given in this case where the Supreme Court has stated
that discrimination shows certain distinctions relating to the personal characteristics, it
imposed certain additional social burdens on the discriminated persons, and they are
disadvantaged socially. Considering the statement, it can be stated that discrimination is a
social issue. However, certain justifications have been given by the Canadian Supreme Court
in the case of Stoffman v Vancouver General Hospital (1990) 3 S.C.R. 483, where certain
limitations have been imposed by the Supreme Court on the action of the government on the
sex discrimination.
There are various theories that has made attempts to discuss the scope and application
of sexual harassment from different perspectives. Further, it helps to identify the
effectiveness of this social crime invariably. According to the researches made on this topic,
it can be stated that there are three theories mentioned in general regarding the sex
discrimination such as:
 Offence against dignity;
 Issue of health and safety in the workplace;
 Discrimination based on sex
In Canada, sexual discrimination is an offence and it has been taken into place at a stretch. In
every sphere of the social life, certain people have to face sexual distinction and it creates
harmful impression on the societal life of Canada. The Human Rights Commission has made
allegations that complaints are generated from both the federal and provincial level. The