Native Women’s Assn. of Canada v. Canada

Supreme Court of Canada – [1994] 3 S.C.R. 627

Ontario Canadian Charter of Rights and FreedomsDiscriminationNegociation

Summary

The Native Women’s Association of Canada asked to be treated in the same way as other native organizations in terms of financing and constitutional consultation.

The Court rejected its request, in part because women were also represented by the other organizations, and because NWAC does not represent all aboriginal women. The Court also noted that section 35 of the Constitution Act, 1982 does not give Aboriginals a right to be consulted in constitutional negotiations.

Issue

Does the Charter create an obligation for the federal government to allocate funding to Aboriginal women’s groups, equal to that given to their male-dominated counterparts, and is the federal government violating the Charter if it does not include a group representing Aboriginal women in the negotiations on constitutional reform?


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