LEAF logo
LEAF logo
DONATE
MENU
LEAF logo

Contact

DONATE
Informations en français
  • English
  • Français
  • About
    • Our Story
    • Mission & Vision
    • Staff
    • Board
    • Law Program Committee
    • FAQs
    • Employment Opportunities
    • Student Positions
  • Cases and Law Reform
    • Our Work
    • Issue Areas
      • Reproductive Justice
      • Indigenous Rights and Law
      • Identity-Based Oppression
      • Hate Speech and Online Hate
      • Sexual Assault and Consent Law
      • Gender-Based Violence
      • Access to Justice
      • Workplace Rights
      • Socio-Economic Rights
      • Family Law
    • Search Cases & Submissions
    • Current Work
      • Basic Income Project
      • LEAF’s Feminist Strategic Litigation Project
      • LEAF’s Technology-Facilitated Violence (TFV) Project
      • National Abortion Access Framework
      • Reproductive Justice Project
    • Past Projects
    • Legal Resources
  • Education
    • Overview
    • Workshops, trainings & webinars
    • Factsheets & infographics
  • News & Events
    • Search News & Events
    • Events
  • Publications
    • Search Publications
    • Working Papers
    • Reports
    • Annual Reports
  • Regional Branches
    • Overview
    • LEAF Edmonton
    • LEAF Halifax
    • LEAF Hamilton
    • LEAF Kingston
    • LEAF Ottawa
    • LEAF Québec
    • LEAF Thunder Bay
    • LEAF Toronto
    • LEAF Windsor
  • Get Involved
    • Ways to Get Involved
    • Donate
    • Join a Branch
    • Volunteer
    • Become a LEAF Pro Bono Lawyer
    • Partner with LEAF
Menu
  • About
    • Our Story
    • Mission & Vision
    • Staff
    • Board
    • Law Program Committee
    • FAQs
    • Employment Opportunities
    • Student Positions
  • Cases and Law Reform
    • Our Work
    • Issue Areas
      • Reproductive Justice
      • Indigenous Rights and Law
      • Identity-Based Oppression
      • Hate Speech and Online Hate
      • Sexual Assault and Consent Law
      • Gender-Based Violence
      • Access to Justice
      • Workplace Rights
      • Socio-Economic Rights
      • Family Law
    • Search Cases & Submissions
    • Current Work
      • Basic Income Project
      • LEAF’s Feminist Strategic Litigation Project
      • LEAF’s Technology-Facilitated Violence (TFV) Project
      • National Abortion Access Framework
      • Reproductive Justice Project
    • Past Projects
    • Legal Resources
  • Education
    • Overview
    • Workshops, trainings & webinars
    • Factsheets & infographics
  • News & Events
    • Search News & Events
    • Events
  • Publications
    • Search Publications
    • Working Papers
    • Reports
    • Annual Reports
  • Regional Branches
    • Overview
    • LEAF Edmonton
    • LEAF Halifax
    • LEAF Hamilton
    • LEAF Kingston
    • LEAF Ottawa
    • LEAF Québec
    • LEAF Thunder Bay
    • LEAF Toronto
    • LEAF Windsor
  • Get Involved
    • Ways to Get Involved
    • Donate
    • Join a Branch
    • Volunteer
    • Become a LEAF Pro Bono Lawyer
    • Partner with LEAF
Home / Cases and Law Reform / Search Cases & Submissions

Case Summary

Conway v. Her Majesty the Queen (1993)

This case concerned the constitutionality of frisk searching and patrolling conducted in men’s prisons by female guards.  

LEAF intervened at the Supreme Court of Canada. 

Facts 

Philip Conway, who was incarcerated, challenged the constitutionality of frisk searching and patrolling conducted in men’s prisons by female guards. In particular, Mr. Conway highlighted the touching that occurs during a frisk search and the possibility that female guards on patrols might see male inmates undressed or using the toilet. The trial judge concluded that the frisk searches did not violate ss. 7, 8 or 15 of the Charter, but that unannounced patrols were an invasion of privacy under s. 8. The Federal Court of Appeal held that neither the searches nor the patrols violated Mr. Conway’s Charter rights. He appealed to the Supreme Court of Canada. 

Arguments 

LEAF argued that the state had a constitutional obligation to respect and protect the dignity of the socially powerless, which included incarcerated individuals. However, Mr. Conway had not put forward grounds for objecting to the participation of female guards in searches and patrols that provided a constitutional basis for distinguishing between male and female guards. Limitations on the range of duties performed by male guards in women’s prisons did not implicate the sex equality rights of incarcerated men. 

LEAF also argued that women were disadvantaged in employment, including through their exclusion and under-representation in positions as correctional officers. Any resolution of the case which limited women’s roles and assignments in prisons would negatively impact their opportunities for equal pay, advancement, and dignity and respect in the workplace. 

Outcome 

The Supreme Court held that there was a reduced level of privacy in prisons. Incarcerated persons did not have a reasonable expectation of privacy in searches and patrols. Given the historical, biological, and sociological differences between men and women, the effect of cross-gender searching was different for women than men. Any violation of s. 15 of the Charter would be saved under s. 1. 

LEAF is grateful to Elizabeth Shilton, Arleen Huggins and Karen Schucher, counsel in this case. 

Download the factum here.

Read the Supreme Court of Canada’s decision here. 

Our records are imperfect, but we are doing our best to update them – if you were involved with LEAF on this case but your name is not reflected here, please email us at [email protected].

Case Documents

January 5, 1993
Supreme Court of Canada Factum

Case News

Loading...
Help us promote gender equality
Donate to support equality

Search Cases & Submissions

  • Issue Area

  • Type

  • By Date

  • Keyword

  • Reset search
Help us promote gender equality
Donate to support equality

Stay up to date on feminist law and LEAF’s work to advance gender equality



Related Project

Loading...
Elderly 95 years old woman sitting miserably at the table at home and counting remaining coins from the pension in her wallet after paying the bills.
Current Work
Basic Income Project

Related Cases

Loading...

Canadian Alliance for Sex Work Law Reform v. Canada (Attorney General)

This case is about the constitutionality of Criminal Code sex work provisions.

Colucci v. Colucci (2021)

This case concerned retroactive decreases in child support obligations
More Cases

Related Cases

Loading...

Canadian Alliance for Sex Work Law Reform v. Canada (Attorney General)

This case is about the constitutionality of Criminal Code sex work provisions.

Colucci v. Colucci (2021)

This case concerned retroactive decreases in child support obligations
More Cases

Related Issue Area

Loading...

Socio-Economic Rights

Case Summary

Conway v. Her Majesty the Queen (1993)

Sidebar Placeholder

LEAF_FAEJ_hz_names_colour_rgb_rev
Donate to support equality

National Office
180 Dundas Street West, Suite 1420
Toronto, ON M5G 1Z8
[email protected]
Phone: 416.595.7170
Toll-free: 1.888.824.5323
Facsimile: 416.595.7191

Stay up to date on feminist law and LEAF’s work to advance gender equality



LEAF_FAEJ_hz_names_colour_rgb_rev

National Office
180 Dundas Street West, Suite 1420
Toronto, ON M5G 1Z8
[email protected]
Phone: 416.595.7170
Toll-free: 1.888.824.5323
Facsimile: 416.595.7191

Charitable Registration Number: 10821 9916 RR0001

Facebook-f Twitter Instagram

Stay up to date on feminist law and LEAF’s work to advance gender equality



Donate to support equality

© 2020 Women’s Legal Education & Action Fund (LEAF). All rights reserved. | Legal & Privacy | Accessibility | Website by Affinity Bridge

MENU

  • About
    • Our Story
    • Mission & Vision
    • Staff
    • Board
    • Law Program Committee
    • FAQs
    • Employment Opportunities
    • Student Positions
  • Cases and Law Reform
    • Our Work
    • Issue Areas
      • Reproductive Justice
      • Indigenous Rights and Law
      • Identity-Based Oppression
      • Hate Speech and Online Hate
      • Sexual Assault and Consent Law
      • Gender-Based Violence
      • Access to Justice
      • Workplace Rights
      • Socio-Economic Rights
      • Family Law
    • Search Cases & Submissions
    • Current Work
      • Basic Income Project
      • LEAF’s Feminist Strategic Litigation Project
      • LEAF’s Technology-Facilitated Violence (TFV) Project
      • National Abortion Access Framework
      • Reproductive Justice Project
    • Past Projects
    • Legal Resources
  • Education
    • Overview
    • Workshops, trainings & webinars
    • Factsheets & infographics
  • News & Events
    • Search News & Events
    • Events
  • Publications
    • Search Publications
    • Working Papers
    • Reports
    • Annual Reports
  • Regional Branches
    • Overview
    • LEAF Edmonton
    • LEAF Halifax
    • LEAF Hamilton
    • LEAF Kingston
    • LEAF Ottawa
    • LEAF Québec
    • LEAF Thunder Bay
    • LEAF Toronto
    • LEAF Windsor
  • Get Involved
    • Ways to Get Involved
    • Donate
    • Join a Branch
    • Volunteer
    • Become a LEAF Pro Bono Lawyer
    • Partner with LEAF
  • English
  • Français