The NWAC V. Canada Case

Paper Summary:

The paper explains the relevant administrative law principles regarding the "Native Women's Association of Canada v. Canada" court case and asserts that in this situation, the Native Women's Association of Canada (NWAC) was given an opportunity to be heard vis-a-vis the issues in dispute, proper procedural guidelines were followed and the Charter prerogatives of aboriginal women represented by the organization were not offended. The paper shows how there is no evidence that the government officials acted in a fashion that could be construed as biased. The paper concludes, therefore, that the government acted in full accord with the principles of administrative justice and the Court ruling substantiates this unequivocally.

From the Paper:

"During the constitutional reform discussions that led up to the Charlottetown Accord, various government-funded aboriginal organizations were invited to participate in the debate. Unfortunately, the Native Women's Association of Canada (NWAC) was not invited to participate in this debate. In the view of the aforementioned group, its exclusion from direct funding and from direct participation in the constitutional discussions of the day was a threat to the equality of aboriginal women. In particular, NWAC was troubled at the prospect that the proposals being bandied about with regards to constitutional amendments might very well result in the Canadian Charter of Rights and Freedoms not applying to aboriginal self-government. Suffice it to say, NWAC went to court to prevent any further provisioning of monies to other aboriginal organizations until such time as NWAC was provided with equal funding as well."

Sample of Sources Used:

• Ababio v. Canada (1988) F.C.J. No.250
• Armson v. Canada (1989) F.C.J. No.800
• Chaoulli v. Quebec (Attorney General) (2005) S.C.R 791
• Baker v. Canada (1999) 2 S.C.R. 817
• Blencoe v. British Columbia (2000) 2 S.C.R. 307

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