Thank you.
I'm going to introduce myself in my language. It's my usual introduction.
[Witness speaks in Mohawk]
I said, “greetings of peace to you”, in my Mohawk language. I'm Mohawk Bear Clan, from the Six Nations Grand River Territory, Haudenosaunee Confederacy. My Mohawk Bear Clan name is Gowehgyuseh, which means “she's visiting”.
I want to thank you for the opportunity to speak today about the impact of eliminating the court challenges program, specifically on aboriginal women and girls.
In the past the court challenges program provided a means, however limited, for aboriginal women who are marginalized in so many ways in Canadian society to fight for equality and fair treatment by using charter challenges. Unfortunately aboriginal women and girls have never been able to depend on the federal government to recognize or look out for their interests. The racism and colonialist discrimination embedded in the lndian Act and INAC policies disadvantage aboriginal people in general, and specifically aboriginal women and girls.
Aboriginal women have appealed decisions that were made under this legislation and these policies by using INAC administrative procedures in many areas. Typically these appeals are unsuccessful, and as a result aboriginal women continue to experience institutionalized and systemic discrimination at the hands of the federal government. For example, aboriginal women have appealed decisions with respect to registration under the lndian Act--both pre- and post-1985 amendments to the Indian Act--that negatively affect women and their children in a manner that is not experienced by aboriginal men. Typically these appeals have not been successful.
Aboriginal women are hampered in their efforts to have these decisions overturned by the further disadvantage that the decisions removing them from registration also mean that first nations governments or band councils are no longer able to assist them because they are no longer entitled to membership. I know that Sharon McIvor made a presentation to the committee. She is an example of that.
The court challenges program provided a venue in which aboriginal women could challenge bad legislation and poor policies, and it provided support they could not obtain elsewhere. The program provided aboriginal women with a portion of the financial assistance needed to confront the otherwise overwhelming size and resources of the federal government.
While the assistance provided by the court challenges program is in no way leveling the playing field, it at least provided some indication to oppressed aboriginal women that a challenge could be possible, that it was supported, and that maybe occasionally it could be successful.
The need for such a program is supported at the highest levels of the international community. The United Nations committee on the elimination of racial discrimination and the United Nations Committee on Human Rights have both directed Canada to better ensure the efficiency and accessibility of the complaint systems related to racial discrimination and to enhance the legal system so that all victims of discrimination have full access to effective remedies.
In addition, the United Nations Committee on Economic, Social and Cultural Rights recommended as recently as 2006 that Canada extend the court challenges program to permit funding of challenges with respect to provincial and territorial legislation and policies.
At a minimum, the Native Women's Association calls upon the federal government to maintain the court challenges program as it existed. The federal government should not fear scrutiny of fair and equitable legislation and policies using this program.
The court challenges program also provided an opportunity for the experiences of women to be brought to bear on government legislation and policies. This is beneficial, as those who create such legislation and policies do not generally have direct or personal experiences of the reality of aboriginal communities or of aboriginal women's specific realities in our communities, nor the understanding of the intersecting issues related to the colonialism, racism, and misogyny that continue to oppress aboriginal women today.
Thank you. Nia:wen.