THE PASTERNAK CASE AND AMERICAN GENDER EQUITY POLICY: IMPLICATIONS FOR CANADIAN HIGH SCHOOL ATHLETICS

Authors

  • Dean Beaubier
  • Shannon Gadbois
  • Sheldon Stick

Abstract

In 2004 twin sisters Amy and Jesse Pasternak competed for the prospect of playing high school hockey, vying for the boys‟ team rather than the girls‟. The sisters‟ opportunities were negated by the Manitoba High School Athletic Association (MHSAA). This paper examines the 2006 decision by the Manitoba Human Rights Commission and a 2008 judgment by the provincial Court of Queen‟s Bench regarding an application for judicial review. We argue that these decisions imply that Canadian high school governance bodies should study gender equity policies and the judicial decisions surrounding similar high school challenges in the United States. This ultimately has implications for future such circumstances.

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Published

2017-07-25

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Section

Articles