Native Women's Association of Canada V. Canada - Background

Background

During negotiations for the Charlottetown Accord, there was discussion of enhancing Aboriginal self-government in Canada, and entrenching this new order of government in the Constitution of Canada. Four Aboriginal interest groups participated in the discussions with financial support from the government, namely the Assembly of First Nations (AFN), the Native Council of Canada (NCC), the Métis National Council (MNC) and the Inuit Tapirisat of Canada (ITC). NWAC was not an equal partner among these participants, but some of the money trickled down to this group because it was decided that some of the government money should be spent on discussing women's rights in the Aboriginal community. In some cases, NWAC was left out of certain meetings altogether. They claimed that their aim was to make sure the new Aboriginal self-governments would respect women's Charter rights, and that the other Aboriginal groups primarily represented Aboriginal men.

Upon received the case, the Federal Court of Appeal ruled that the treatment of NWAC might indeed infringe section 2 of the Canadian Charter.

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