i need to start by stating that i don't have an opinion on this.

and i'm sorry if i burst anybody's bubble.

but, the truth is that it is removing the tax that is discriminatory, because it only applies to a specific group of the population. i'm not sure how to get my head around the idea that taxing a general good is discrimination. there's not a special tax rate involved. there's nobody being singled out. but, an exemption of the tax under the argument that it is only purchased by women is actually preferential treatment. it's not going to alleviate any existing inequalities. it's therefore consequently rather blatantly unconstitutional.

it opens up some questions about "essential goods", though. let's ignore discussions about removing gst on male-only products because that would be unconstitutional for the same reason. but, let's consider something like toilet paper. if tampons are essential, toilet paper certainly is. and, that's something you could get away with legislating without breaking the constitution - because everybody uses toilet paper.

this kind of strange, circular, post-modernist anti-logical thinking is quite common on both the left and the right nowadays. but i think this is the first time that i've ever seen it legislated. and, if anybody wanted to push it, the court would have to strike it down.

"i have to pay this tax because i'm a woman" is not a coherent legal perspective. it's a general good. it's taxed just like anything else. it may be purchased entirely by women, but it's still a general good. and, as mentioned, i don't want to start talking about gender wars, because it's missing the point.

however, "because i'm a woman, i shouldn't have to pay tax on this item" *is* a coherent (and wrong) legal perspective. and, it's a discriminatory one.

one way to make the amendment constitutional would be to remove the gendered language from it. it is the "exclusively for feminine" part that is unconstitutional. i don't know what a way to broaden that would be. you'd have to make a category of "hygiene products" that is gender neutral and that it is a subset of. i suppose that would probably include toilet paper, table napkins, diapers...

www.huffingtonpost.ca/2015/05/28/tampon-tax-canada_n_7462582.html