[2] Nevertheless, in the judicial decision Blainey v. Ontario Hockey Association et al. (1986), it was found that section 28 should have limits of some sort, or it would threaten "public decency" and affirmative action meant to aid women.
It states that "Notwithstanding any other provision of this Act, the aboriginal and treaty rights referred to in subsection (1) are guaranteed equally to male and female persons."
[6] Earlier efforts by feminist organizations and the Advisory Council on the Status of Women to include more sex equality in the Charter were met with lack of cooperation from Ottawa, leading to Chatelaine magazine editor Doris Anderson resigning from her position in the negotiations.
[7] In February and March 1981, 1,300 women came to Ottawa to stage demonstrations in favour of more sexual equality guarantees in the Charter.
[8] The content of section 28 thus first appeared in the April 1981 draft of the Charter,[9] but in November it had to be diluted to placate Saskatchewan premier Allan Blakeney.
In his memoirs, Jean Chrétien, Attorney General of Canada during the Charter negotiations, stated that the dilution was not very problematic because he expected women's protests would convince Saskatchewan to drop the issue.