Sec15: Gender and Intersectionality

Question 1

What was the significance of R v Hess; R v Nguyen?

Answer 1

there was no violation since biological reality determined that only men could commit the offence’. Because men and women are different in their ability to commit the offence, she held there to be no discrimination.
laws may be prescribed specifically to men and women without a discrimingation

Question 2

What was the significance of Trociuk v BC (AG) [2003] ?

Answer 2

court held that the legislation clearly distinguished between mothers and fathers and therefore resulted in differential treatment on the enumerated ground of sex. She went on to find that this differential treatment resulted in an impairment of dignity.
when sexual discrimination impiges on human dignity, it will result in discrimination

Question 3

What did the Andrews test do?

Answer 3

Create analogue grounds for discrimination

Question 4

What is the failing of the Andrews test?

Answer 4

It doesn’t account for intersectional discrimination