Law Foundation of Saskatchewan H. Robert Arscott Lecture
General Guest Speakers
Dr. Kerri A. Froc delivers the Law Foundation of Saskatchewan H. Robert Arscott Lecture.
Male Fantasy: The Gendered Myths of the Notwithstanding Clause, Democracy, and Equal Rights in Canada
Speaker: Dr. Kerri A. Froc, Law Foundation of Saskatchewan H. Robert Arscott Chair at USask Law
Is it appropriate for unelected courts to overrule laws passed by our elected leaders? In Canada, section 33 of the Charter of Rights and Freedoms — the “notwithstanding clause” — is often said to solve the problem of judicial review’s “democratic legitimacy.” It lets governments decide to allow laws to operate despite certain rights, giving the final say to legislatures instead of judges. But what happens when those laws harm women’s rights?
Some legal scholars argue that section 28 of the Charter — which guarantees equal rights to “male and female persons” — still gives courts the power to strike down such laws, even when the notwithstanding clause is used. This issue is about to come before the Supreme Court of Canada in the appeal over Quebec’s Bill 21, the law that bans certain government employees from wearing religious symbols on the job.
In this talk, Professor Kerri Froc explores how beliefs about democracy, power, and gender shape debates over section 33 the Charter. She will argue that letting legislatures use the notwithstanding clause to perpetuate unequal rights isn’t just bad constitutional interpretation — it reflects an outdated, gendered vision of Canadian democracy.
About the speaker:
Kerri Froc is an Associate Professor at University of New Brunswick Law, as well as a Trudeau and Vanier Scholar. She has taught courses at Carleton University, Queen’s University and University of Ottawa on feminist legal theory and various aspects of public law, among others.
Before completing her doctorate, she spent 18 years as a lawyer, as a civil litigator in Regina, a staff lawyer for the Women’s Legal Education and Action Fund (LEAF), and as a staff lawyer in the areas of law reform and equality at the Canadian Bar Association. She is a member of the Saskatchewan and New Brunswick bars.
Event Details
- When:
- Time:
- 12:00 PM - 01:00 PM CST
- Location:
- MLT Aikins Lecture Theatre (Room 150), College of Law, 15 Campus Drive