Social Movements and Judicial Empowerment: Courts, Public Policy, and Lesbian and Gay Organizing in Canada

Abstract

This article explores the impact of judicial empowerment on social movement politics and public policy using a case study of the lesbian and gay rights movement in Canada before and after the 1982 constitutional entrenchment of the Canadian Charter of Rights and Freedoms. The expanded role of courts in the Canadian political system has had substantial effects on public policy in the lesbian and gay rights area over a twenty-year period, putting Canada in the forefront of this area of human rights.