NWAC loses bid for seat at constitutional talks

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The Native Women's Association of Canada lost its court challenge to win a seat at the bargaining table for the final rounds of constitutional negotiations.

Federal Court Justice Allison Walsh dismissed the case. He said Ottawa's decision not to invite the association to the final bargaining rounds was not a violation of freedom of speech or a case of sex discriminations.

"To hold that freedom of expression creates a right for everyone to have a voice in these discussions would paralyse the process," he said in his decision. "It certainly cannot be said that they are being deprived of the right of freedom to speech."

The association had asked the court to block $10 million in funding for four national Native organizations until it received equitable funding and a seat at the table.

It said the four groups -- the Assembly of First Nations, the Native Council of Canada, the Metis National Council and the Inuit Tapirisat of Canada -- were dominated by men and could not adequately represent the needs of Native women.

The association wants to participate in the talks so it can argue to have future self-government agreement brought under the Charter of Rights and Freedoms. It says charter protection is the only way to ensure Native women are fairly represented in future self-government arrangements.

The association's court challenge sparked a protest from Native groups across the country, especially from those who will benefit directly from the funds.

"Whatever arguments the association might make against any other organization or the federal government, the Native Council of Canada has always fought for equality between aboriginal men and women," said Native council president Ron George in a media release.

George said the council supports applying the Charter to self-government agreements and has a long history of supporting Native women, especially women affected by Bill C-31.

Assembly of First Nation Chief Ovide Mercredi said his organization is working on a Native charter that would ensure women's rights are protected in Native communities.

"We have also asked the Native Women's Association to be involved in the process," he told reporters in Ottawa. "I'm sure whatever concerns they have can be accommodated in context of a charter that is tailor-made for self-government."

The association wants to appeal the federal court ruling but is having trouble raising the funds. The original challenge was financed by a federal court-challenges program that was cancelled in the Feb. 25 budget.

The association has meanwhile received $560,000 from Ottawa to develop its constitutional positions.