Critical Reflections on Fraser: What Equality Are We Seeking?

Abstract

In this brief comment, I contextualise and complicate the conventional reading of Fraser v Canada as a victory for equality seeking groups.1 Instead, or at least alongside that reading, I want to suggest some other stories about the trajectory of equality in Canada since the Charter2 era began, and about what future doctrinal developments Fraser might lead us to predict.
 1 Fraser v Canada (Attorney General), 2020 SCC 28 [Fraser]. 2 Canadian Charter of Rights and Freedoms, Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11.