GENDER-BASED ANALYSIS PLUS (GBA+) AS CONSTITUTIONAL IMPLEMENTATION

Abstract

There is renewed interest in some quarters in the executive’s role in the implementation of constitutional rights. Canada currently employs a rights vetting process as its primary instrument of rights implementation. This process involves asking whether a proposed law is likely to be found to violate the Canadian Charter of Rights and Freedoms on judicial review. This article examines whether gender-based analysis plus (“GBA+”) can also be understood as a mechanism for implementing constitutional rights, and equality rights in particular. GBA+ is an assessment process used in Canada to evaluate how new policy proposals fare from the standpoint of equality. The term “gender-based analysis” is something of a misnomer because officials must in fact consider how policies might affect all equality-seeking groups. The article considers what role GBA+ and analogous processes play in a constitutional state.