Beyond the Myths: Equality, Impartiality, and Justice

Abstract

Violence against women is as much a matter of equality as it is an offence against human dignity and a violation of human rights. As the Supreme Court of Canada has repeatedly recognized, eliminating myths and stereotypes from the law constitutes an important part of remedying the law’s historically inadequate response to violence against women. The author explores how the concepts of impartiality, equality, and justice shed light on the ways in which myths and stereotypes distort the truth-finding process and perpetuate discrimination. Looking toward the future, further equality-informed legislative amendments, judicial education, and international norms, such as those set out in the Convention on the Elimination of All Forms of Discrimination against Women (1979), will provide key means of ensuring that myths and stereotypes are fully and permanently eradicatedfrom the law. The goals of equality and justice for all require nothing less.

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