"Newfoundland (Treasury Board) v. N.A.P.E.".
Koshan, Jennifer
In Newfoundland (Treasury Board) v. N.A.P.E., the Women's
Court of Canada reverses the Supreme Court of Canada's 2004
decision that the erasure of pay equity obligations under Newfoundland
and Labrador's Public Sector Restraint Act was a justifiable
violation of women's equality rights. The Women's Court finds
that a full and substantive account of the equality rights violation
under the Canadian Charter of Rights and Freedoms is required in order
to provide for a more comprehensive and contextual analysis of the
arguments used to justify the infringement of rights (Journal Abstract).
Journal of Women and the Law, vol. 18, no. 1, 2006, pp. 321-371.