Native Women's Association of Canada v. Canada, 3 S.C.R. 627, was a decision by the Supreme Court of Canada on section 2, section 15 and section 28 of the Canadian Charter of Rights and Freedoms, in which the Court decided against the claim that the government of Canada had an obligation to financially support an interest group in constitutional negotiations, to allow the group to speak for its people. The case resulted from negotiations for the Charlottetown Accord, in which various groups representing Aboriginal peoples in Canada were financially supported by the government, but the Native Women's Association of Canada (NWAC) was not. Since NWAC claimed the other Aboriginal groups primarily represented Aboriginal men, it argued that section 28 (sexual equality under the Charter) could be used so that section 2 (freedom of expression) required the government to provide an equal benefit to Aboriginal women, supposedly represented by NWAC.
The case could be seen as unusual, because as the Court noted, "This case does not involve the typical situation of government action restricting or interfering with freedom of expression in the negative sense" and that "the respondents are requesting the Court to consider whether there may be a positive duty on governments to facilitate expression in certain circumstances."
Read more about Native Women's Association Of Canada V. Canada: Background, Decision
Famous quotes containing the words native, women, association and/or canada:
“In excited conversation we have glimpses of the universe, hints of power native to the soul, far-darting lights and shadows of an Andes landscape, such as we can hardly attain in lone meditation. Here are oracles sometimes profusely given, to which the memory goes back in barren hours.”
—Ralph Waldo Emerson (1803–1882)
“If women would make themselves appear as elegant to an Husband, as they were desirous to appear to him while a Lover, the Rake, which all women love, would last longer in the Husband than it generally does.”
—Samuel Richardson (1689–1761)
“In this great association we know no North, no South, no East, no West. This has been our pride for all these years. We have no political party. We never have inquired what anybody’s religion is. All we ever have asked is simply, “Do you believe in perfect equality for women?” This is the one article in our creed.”
—Susan B. Anthony (1820–1906)
“In Canada an ordinary New England house would be mistaken for the château, and while every village here contains at least several gentlemen or “squires,” there is but one to a seigniory.”
—Henry David Thoreau (1817–1862)