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Native Women's Assn of Canada v Canada
''Native Women's Assn 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."
==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 reviewing the case, the Federal Court of Appeal ruled that the treatment of NWAC might indeed infringe section 2 of the Canadian Charter.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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