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Analysis reveals section 28's potential to bolster trans rights against anti-trans laws, indicating a need for judicial recognition.
As trans rights face unprecedented legislative attacks in Canada, courts continue to overlook one of the Charter’s most powerful equality guarantees. Section 28 demands equal protection across sex — but properly interpreted, it also compels recognition of gender identity and expression. This paper accordingly revives section 28 as a constitutional game-changer: a bold, underused tool to confront anti-trans laws and dismantle sexgender hierarchies.
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Erin Masters (2025) studied this question.
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