Human Rights a Day podcast

March 30, 1992 - Native Women's Association

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Native women’s group loses discrimination case. In 1991, when the federal government was trying to change the constitution, it gave $10 million to four aboriginal groups to secure their input throughout an extensive consultative process. Unfortunately, the government overlooked the Native Women’s Association of Canada (NWAC), whose members felt they should have been at what they considered a male-dominated table. Belatedly trying to correct matters, the government gave NWAC $560,000, but it didn’t stop the women from taking the federal government to court for violating their charter rights – by denying them freedom of expression and discriminating against them based on gender. On March 30, 1992, Judge Walsh of the federal Court of Canada dismissed the case, saying that while more money would have given the NWAC more voice in the process, it is not up to the courts to ensure that every organization has money during a consultative process. The judge also found that the other four aboriginal groups represented both men and women, and therefore the court should not be interfering with the government’s choices. This decision was appealed all the way to the Supreme Court of Canada, which agreed with Judge Walsh in dismissing the case.

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