Fifteen for Section 15 (& Nine for IX)

This summer ESPN released nine documentaries about women’s sport, in honour of the thirtieth anniversary of Title IX. Title IX is a section of the Education Amendments Act (USA, 1972) that requires federally funded schools to provide equal opportunities to girls and boys. Applied to sport, this provision has resulted in increased opportunities and funding for girls and women. Nine for IX focuses exclusively on female athletes and issues in women’s sport, including branding, objectification, female journalists in the locker room and the intersection of sport/politics. I like these documentaries because women’s voices and experiences are central to the narrative. Watching Nine for IX got me thinking about Canadian female athletes, and the pioneers, issues, and victories that have defined women’s sport in this country.

Section 15 of the Charter of Rights and Freedoms (kind of) offers Canadian women similar protections to Title IX. Known as the “equality provision” Section 15 states “every individual is equal before and under the law.” Canadian feminists have used this provision to challenge polices that excluded girls from playing on the same sports teams as boys. In honour of Section 15, I’m compiling a list of women and events that have shaped the history of sport in this country. In the next few months I’ll share fifteen of theses stories and my (highly subjective) take on why they matter.

First:

I. Justine Blainey

Blainey_CourtCaseJustine Blainey won a spot in the Metro Toronto Hockey League in 1981, but league regulations prohibited girls from playing and she didn’t get to stay on the team. This was legal at the time. In 1985-6 Blainey successfully challenged section 19(2) of the Ontario Human Rights Code that excluded girls/women from playing on boy’s/men’s sports teams. Section 19(2) was struck down because it contravened Section 15 of the Charter of Rights and Freedoms. Blainey’s “test case” effectively made it illegal for amateur sports teams to discriminate on the basis of gender. After five years and a legal battle supported by L.E.A.F. and CAAWS, Blainey won the right to play on a boys team. This set a legal precedent and Canadian girls and women are now allowed to join boys/men’s teams.

The question of whether elite girls/women should play with boys has been divisive for sports feminists. Some feel that gender segregated teams will foster a stronger sporting culture among girls and women. Letting girls play with boys, by comparison, will stunt the growth of girls/women’s sport in Canada. Others feel it is better to let girls play with the “best,” regardless of gender. The real victory, in my opinion, is that Blainey’s case has established that “equality” for girls and women can include both access to boys’ teams and to separate girls’ teams. Skill, rather than gender, should determine where women compete.

Last year the CBC interviewed Blainey on the occasion of the thirtieth anniversary of The Charter.

The Halton District School Board has a learning resource on Blainey for elementary students that can be found here.

And, hey, if you live near Brampton and need a chiropractor, why not hire Justine Blainey?

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