GENDER-BASED ANALYSIS PLUS (GBA+) AS CONSTITUTIONAL IMPLEMENTATION
Keywords:GBA , gender-based analysis plus, Constitution, Charter, Charter vetting, equality, Status of Women Canada, intersectionality, discrimination, policy
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.