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:
“O Scotia! my dear, my native soil!
For whom my warmest wish to Heaven is sent,”
—Robert Burns (1759–1796)
“We might all place ourselves in one of two ranks—the women who do something, and the women who do nothing; the first being of course the only creditable place to occupy.”
—Lucy Larcom (1824–1893)
“They that have grown old in a single state are generally found to be morose, fretful and captious; tenacious of their own practices and maxims; soon offended by contradiction or negligence; and impatient of any association but with those that will watch their nod, and submit themselves to unlimited authority.”
—Samuel Johnson (1709–1784)
“Canadians look down on the United States and consider it Hell. They are right to do so. Canada is to the United States what, in Dante’s scheme, Limbo is to Hell.”
—Irving Layton (b. 1912)