Gender-based analysis plus and lessons for Charter vetting

By Yves Faguy October 12, 201812 October 2018

Gender-based analysis plus and lessons for Charter vetting

 

Gender-based analysis plus (or GBA+) is the process followed by the federal government (and developed by Status of Women Canada) to analyze the gendered implications of government policy. In a recent article published in the Canadian Bar Review, Vanessa MacDonell examines the process, and tries to draw some lessons from it that might guide the government in improving its Charter vetting process for legislation:

The differences between GBA+ and the Charter vetting process may explain why they have evolved in different ways. GBA+ involves a form of structured policy analysis. The process therefore mandates evidence-gathering, consultation, analysis, recommendations, and the like. Rights vetting, on the other hand, is a form of legal analysis. It is not surprising, then, that this process would engage the tools of legal analysis—hence the use of a checklist of possible rights infringements and an emphasis on legal risk analysis. As an outsider, it is difficult to know what role evidence-gathering and consultation play in the Charter vetting process, though it likely varies. Unlike policy-makers, however, lawyers might be inclined to believe that their legal training provides them with everything they need to conduct an analysis of likely Charter impacts. This view would be short-sighted. Good evidence is crucial to assessing Charter impacts.

Read the whole thing.

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