Previous case law has established that differential treatment of men and women may be necessary to achieve substantive equality in certain contexts. For example, in Weatherall v. Canada (Attorney General), 1993 CanLII 112 (SCC), [1993] 2 S.C.R. 872, a male inmate in a federal penitentiary challenged, on constitutional grounds, the practice of permitting female guards to frisk search male inmates and patrol male cell ranges.
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