40 YEARS OF LEAF

Feminist Frontlines: Tracing our Advocacy from Past to Present

Key moments in LEAF’s 40-year fight for gender justice

LEAF is founded

On April 17, 1985, section 15 of the Canadian Charter of Rights and Freedoms – the provision guaranteeing equality rights – came into force. Together with section 28, which guarantees all of the rights within the Charter equally to “male and female persons”, section 15 forms the basis for the Charter-enshrined rights to women’s equality and gender equality. These provisions were enshrined in our Charter thanks to the tireless work of many of LEAF’s Founding Mothers.

LEAF was founded on the same day section 15 came into force, and that year we launched no less than three Charter challenges.

1985

Fighting for married women to keep their surnames

Bertrand v. The Commissioner of the Yukon Territory was the first LEAF-sponsored case, where LEAF supported arguments that part of the Yukon Change of Name Act, which denied married women the right to change their surnames, was unconstitutional. The Yukon Supreme Court agreed and struck down the provision at issue, and Yukon women were allowed to keep their maiden names after marriage.

1985

Advocating for care workers' economic security

Chittenden, Villanueva, and the Toronto Organization for Domestic Workers’ Rights v. Ontario, a LEAF-sponsored case, challenged the constitutionality of sections of Ontario’s Employment Standards Act, which excluded domestic workers—overwhelmingly immigrant women—from many employment protections given to other workers. Following the launch of this challenge, the Ontario extended minimum wage and overtime pay protections to domestic workers.

Our solidarity with care workers continues today with the Valuing the Care Economy Project. The project will identify what reforms to our social protection systems are needed to address the undervaluation of care work, in domains including labour standards and enforcement, immigration, and social welfare.

1986

Pregnancy discrimination recognized as sex discrimination

When Christine Davies’ job offer was rescinded because of her pregnancy, she successfully pursued a human rights claim that she experienced sex discrimination and was awarded compensation. The employer then filed for judicial review and LEAF sponsored Davies at the Supreme Court of British Columbia. The Court dismissed the employer’s application, making a precedent-setting decision that pregnancy discrimination was sex discrimination.

LEAF’s advocacy against pregnancy discrimination did not end with this case. We were soon back in court, this time arguing in front of the Supreme Court in Brooks v. Canada Safeway Ltd. It also continues in 2025, with an active campaign calling for comprehensive healthcare coverage for pregnant international college students in Ontario.

1988

A historic ruling on equality

In Andrews v. Law Society of British Columbia, LEAF advocated for a broad interpretation of equality that includes substantive equality. This influenced the Supreme Court's rejection of the "similarly situated should be similarly treated" test and the meaning of s. 15 of the Charter. This case remains one of the most important decisions on equality to date.

1989

A landmark victory for reproductive rights

Is a fetus a legal person with a right to life, and do fathers have the right to veto a woman's decisions regarding the fetus she is carrying? Intervening in Daigle v. Tremblay, LEAF argued no — that recognizing a fetus as a legal rights-holding entity would undermine the rights of women, with serious consequences. The Supreme Court explicitly found that the alleged rights given to a fetus or a potential father did not exist.

LEAF’s intervention here was one of many legal victories in advancing reproductive justice across the country. Read LEAF’s Beyond Complacency report (2022) for more information on the current challenges to (and opportunities for) advancing reproductive justice in Canada.

1989

Sexual harassment recognized as sex discrimination

In Janzen v. Platy Enterprises, two women faced sexual harassment and verbal abuse from another employee at their work. The Supreme Court recognized sexual harassment as sex discrimination, in line with LEAF's arguments as an intervener in the case, and established employer liability for such acts in the workplace.

In 2025, LEAF is still advocating for those facing or vulnerable to workplace harassment. In partnership with organizations and schools across the country, we facilitate LEAF @ Work, a legal education workshop on workplace discrimination and harassment developed for youth, newcomers, and others entering the workforce.

1989

Hate speech not protected by freedom of expression

R. v. Keegstra addressed the constitutionality of prohibiting hate speech under the Criminal Code. LEAF’s intervention contended that promoting group hatred is not protected by freedom of expression, arguing that it is a discriminatory and violent form of expression that violates s. 15's aim to protect vulnerable groups and uphold equality. The Supreme Court upheld the prohibition as constitutional.

In recent years, as the misogyny and gendered violence that shape our physical realities have materialized online in new forms, LEAF’s advocacy and expertise has also evolved to address online hate and tech-facilitated gender-based violence (GBV).

1990

Amplifying GBV sector expertise in the courts

When feminists criticized our Ontario Court of Appeal intervention in R. v. Seaboyer, a constitutional challenge of laws barring sexual history and reputation evidence from sexual assault trials, we pivoted our approach. We held nationwide consultations to anchor our arguments in diverse frontline and survivor expertise.

LEAF then intervened before the Supreme Court as part of a coalition of six women’s groups, arguing that any evidence excluded was irrelevant or of limited value, and highly prejudicial.

The Court ruled to strike down the provision on sexual history evidence, but the federal government worked with the Coalition to quickly introduce legislation that respected equality rights.

Today, we embody community collaboration through initiatives like our Strengthening Community Capacity Project, working with GBV sector organizations to help them build their capacity to wield the power of the law for feminist goals.

1991

Sexual orientation deemed a protected ground under the law

A gay man was fired from his job at a college for his sexual orientation. Intervening in Vriend v. Alberta, LEAF highlighted the discriminatory impacts of excluding sexual orientation from the Individual’s Rights Protection Act (IRPA).

The Supreme Court ruled that the exclusion of sexual orientation from the IRPA violated equality rights, and ordered that it be recognized as a protected ground under s. 15 of the Charter.

This landmark decision paved the way for progress on 2SLGBTQIA+ issues across the country, such as same sex marriage and adoption rights.

With Alberta’s recent moves to violate the rights of trans and non-binary youth in schools, in healthcare, and in sports, history repeats itself. LEAF is committed to fighting these discriminatory policies in Alberta and across Canada in solidarity with trans youth and trans rights organizations.

1998

Only yes means yes in sexual assault law

Is there a defence of “implied consent” in sexual assault law? Jointly intervening in R. v. Ewanchuk, LEAF and DAWN contended that recognizing "implied" consent undermines women's rights to equality, security, and justice. We argued for a need for explicit, freely given consent to ensure dignity and agency. The Supreme Court agreed, clearly stating that there is no defence of implied consent in Canadian law—only yes means yes!

Today, LEAF remains committed to fighting for the rights of survivors. We also recognize that the criminal legal system has long been a site of harm for survivors of sexual violence, and survivors deserve to have multiple viable avenues to justice and healing. Recognizing this reality, LEAF’s Avenues to Justice Project calls for increased accessibility to restorative and transformative justice (RJ/TJ) programs for sexual violence survivors.

1999

Decades-long anti-abortion policy in PEI finally ends

Shortly after abortion was decriminalized in Canada, Prince Edward Island (PEI) enacted a policy that banned abortion in the province. With legal support from LEAF, Abortion Access Now PEI launched a challenge to the decades-old policy. They argued that restricting access to abortion services violated women's rights to equal healthcare access under the Charter, discriminated based on sex and pregnancy, and perpetuated stigma about and barriers to women's reproductive autonomy, thus causing them harm. Three months after the challenge was announced, the government ended its abortion policy.

Today, we are still witnessing attacks on sexual and reproductive rights in Canada and globally. LEAF and Action Canada for Sexual Health & Rights launched the Abortion Access Tracker to illustrate the current reality of accessing abortion care across the country for advocates, policymakers, and journalists working to protect and strengthen access to abortion in Canada.

2016

Protecting women’s privacy and sexual integrity in public spaces

What does voyeurism mean under the Criminal Code, and do students have a reasonable expectation of privacy when at school?

In R. v. Jarvis, LEAF advocated for the Supreme Court to interpret voyeurism as a gendered violation of sexual integrity and autonomy and adopt a contextual definition of privacy that protects women's sexual integrity in all spaces. The Court ultimately rejected a narrow, location-based definition of privacy, refusing to allow historically gendered ideas about the public and private sphere to taint the real-life protections that Parliament intended to extend to Canadian women.

The ruling meant Canadian women and girls could engage in public life with greater confidence that the law would protect them from non-consensual intrusions into their sexual integrity and autonomy.

LEAF’s work to address image-based sexual violence continues today through our Technology-Facilitated Violence Project.

2019

Promoting women's equal access to pension benefits

Female RCMP officers with caregiving responsibilities disproportionately experienced unequal access to their pension plan. In Fraser v. Canada, LEAF argued that under s. 15 of the Charter, courts must consider the claimants' perspectives and the context of their claims, criticizing how the design of the RCMP pension plan reflected a bias towards "male pattern employment.”

The Supreme Court's decision affirmed women’s right to equal pension benefits and also provided a much-needed roadmap for future cases involving systemic discrimination and substantive equality.

2020

LEAF announces mandate expansion to be more gender-inclusive

In the years following the mandate announcement, LEAF was granted leave to intervene in legal challenges concerning discrimination against trans, non-binary, and gender-diverse students in Saskatchewan and New Brunswick.

2022

LEAF publishes position on sex work laws in Canada

The position, informed by an evidence- and human rights-based approach to sex work, calls for full decriminalization of sex work done by adults.

A few months after its publication, in solidarity with sex workers and sex worker advocacy organizations, LEAF intervened in a constitutional challenge of Canada’s sex work laws to highlight the discriminatory impacts of these provisions on sex workers.

2022

Addressing the mass incarceration of Indigenous women

R. v. Sharma concerned the mass incarceration of Indigenous women and accessing alternatives to incarceration such as conditional sentences, a community-based alternative to a custodial sentence. Before the Supreme Court of Canada, LEAF argued that certain Criminal Code provisions discriminated against Indigenous women. LEAF also brought these concerns to Parliament in a joint submission endorsing the passage of Bill C-5.

The Court found the provisions to be constitutional, but the federal government then repealed them by passing Bill C-5. As a result, conditional sentences became an available option for trial judges to consider in sentencing Indigenous offenders for a broader variety of offences. This was an important step in addressing the mass incarceration of Indigenous women.

2022

Access to justice through legal education

LEAF’s Public Legal Education Program has been revitalized, with our workshops informing organizations and schools across the country.

LEAF’s national office and branches are delivering new and updated workshops on tech-facilitated violence, workplace rights, pay equity, consent, reproductive justice, criminal record suspensions, and more.

2023

The fight for gender justice continues

The LEAF movement continues to work towards a brighter, just future.

Here's a small glimpse into our collective efforts recently:

Standing with unions and public sector workers to successfully defend collective bargaining rights.
Ensuring sexual violence survivors won't be criminalized for sharing their experiences.
Advocating for tangible solutions to address disability poverty.
Calling for a federal gender-based violence (GBV) commissioner to hold governments to account in ending the GBV epidemic.
Addressing emerging gendered harms by demanding a human rights and equality-based approach in AI regulations.

2025

To the LEAF community: thank you for playing a vital role in making these victories and pivotal moments possible.

The wins we’ve secured and the movement we’ve built have made an indelible impact on the fight for gender equality.

Together, we will continue to drive forward progress for women, girls, trans, and non-binary people across the country.

To sustain ongoing feminist advocacy, consider making a donation today.

40 YEARS OF LEAF

Feminist Frontlines: Tracing our Advocacy from Past to Present

Key moments in LEAF’s 40-year fight for gender justice

To the LEAF community: thank you for playing a vital role in making these victories and pivotal moments possible.

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