2. Women's Perspectives - Christian Aboriginal Infrastructure ...

Discussions on the patriation of the constitution had been occurring for a number of
years, but it was not until 1981 that representatives of three national Aboriginal groups —
the Assembly of First Nations (AFN), the Inuit Committee on National Issues (ICNI,
predecessor of Inuit Tapirisat), and the Native Council of Canada (NCC) — became more
involved. 94 A first ministers conference, convened in November 1981, produced a
political accord on constitutional reform supported by the federal government and nine
provinces. This accord had one glaring omission: Aboriginal rights. The Aboriginal
Rights Coalition, led by NCC, ICNI, NwAC, the Dene Nation, the Council for Yukon
Indians, the Nisg_a'a Tribal Council and the National Association of Friendship Centres,
initiated a series of public protests. With the support of Canadian women concerned
about sexual equality and a support network of Canadian church organizations through
Project North, they were able to have Aboriginal and treaty rights — albeit qualified as
'existing' Aboriginal and treaty rights — recognized in section 35 (1) of the Constitution
Act, 1982.
During the first ministers conferences held between 1983 and 1987, NwAC continued to
be involved in meetings of AFN's constitutional working group and the Native Council of
Canada's constitutional process. During the 1983 first ministers conference, NwAC was
instrumental in gaining a further amendment to section 35 of the act: "Notwithstanding
any other provision of this Act, the aboriginal and treaty rights referred to in subsection
(1) are guaranteed equally to male and female persons".
NwAC was not a formal participant in these conferences, however. It did not have its
own seat at the table, nor was it given equitable funding. During the constitutional talks
in 1992, NwAC launched a court case to gain equal participation and funding. In March
1992, the Native Women's Association of Canada put forward legal arguments that the
Charter rights of Aboriginal women had been infringed by the government of Canada.
After losing in the Federal Court, Trial Division, 95 NwAC was heard in the Federal Court
of Appeal in June 1992. On August 28 of that year, the Federal Court of Appeal ruled
unanimously in favour of NwAC. Speaking on behalf of the court, Justice Mahoney
found that by funding the participation of the Assembly of First Nations, the Métis
National Council, the Native Council of Canada and Inuit Tapirisat of Canada in the
constitutional process and excluding the equal participation of NwAC,
the Canadian Government has accorded the advocates of male dominated aboriginal selfgovernments
a preferred position in the exercise of an expressive activity….It has thereby
taken action which has had the effect of restricting the freedom of expression of
Aboriginal women in a manner offensive to paragraph 2(b) and section 28 of the
Charter. 96
The federal government appealed this decision to the Supreme Court of Canada. The
decision was overturned on 27 October 1994. Speaking for the court, Justice Sopinka
said:
The four Aboriginal groups invited to discuss possible constitutional amendments are all
bona fide national representatives of Aboriginal people in Canada and, based on the facts
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