During constitutional reform discussions, the federal government provided funding to four national Aboriginal organizations but not to the Native Women's Association of Canada (NWAC).
NWAC sought an order of prohibition, arguing that the failure to provide equal funding and participation violated their freedom of expression and equality rights under the Charter.
The Supreme Court of Canada held that the government's decision did not violate ss. 2(b), 15(1), or 28 of the Charter, as freedom of expression does not generally place a positive obligation on the government to fund or consult anyone.
The Court also found no violation of s. 35 of the Constitution Act, 1982, and concluded that the Federal Court of Appeal had jurisdiction to grant declaratory relief.
