CEDAW/C/51/D/19/2008
Factual background
2.1
The author is an aboriginal woman who belongs to the community of Rae-Edzo, in
the Northwest Territories in Canada. After attending college, she returned to the community
as a single mother but decided to leave her three children with her relatives outside the
community until she could get established and secure a home for her family. The author
and her late partner, W.S. (hereinafter ―partner), began a common-law relationship in 1989.
2.2
When housing became available in the Rae-Edzo community under a scheme by a
local housing authority which earmarked housing for the indigenous population, the author
told her partner that she wanted to apply for a house in order to bring her children home.
Without telling her, her partner applied in his name only for a unit from the Rae-Edzo
Housing Authority (hereafter ―Housing Authority‖). On 1 November 1990, his application
was turned down by the Housing Authority Board because he was not a member of the
community, and had applied for himself as a single man. The author’s partner told her that
the Housing Authority had turned her down for a house. The author could not ask her
partner any questions as to why she would have been turned down without even applying
because her partner was violent and abusive towards her. It was common knowledge within
the Rae-Edzo community that the author and her partner had a common-law relationship.
The author was informed by the Tenant Relations officer at Rae-Edzo that her partner could
not apply for himself as he was not a member of the aboriginal community, and they
advised her to apply for housing, listing her partner as her spouse.
2.3
The author and her partner therefore applied as a family for a house on a leasehold
land, in accordance with the advice from the Housing Authority. On 7 October 1991, the
Northwest Territories Housing Corporation issued an Agreement for Purchase and Sale
to William Senych and Cecilia Kell as purchasers (co-owners) of the house that they
moved into.
2.4
Over the next three years, the author experienced spousal abuse and the situation
worsened when she got a job and became financially independent. Her partner was
extremely jealous and controlled her finances, monitored her whereabouts, threatened
her, prevented her from having contact with her family, assaulted her on several
occasions, tried to stop her from working and took actions that resulted in her losing
jobs. She was admitted a couple of times to McAteer House, a shelter for battered
women in Yellowknife.
2.5 In February 1992, at the partner’s request and without the author’s knowledge,
the Housing Authority wrote to the Northwest Territories Housing Corporation stating
that the partner wanted the author’s name removed from the Assignment of Lease, the
document that certified co-ownership of the author and her partner. Her partner was a
board member of the Housing Authority Board at the time, and in June 1993, the
Northwest Territories Housing Corporation complied with his request.
2.6
In early 1995, when the author took employment without her partner’s consent, the
latter changed the locks on the family home and denied her access. As a result, the author
had no place to go for several days, until she found a place with her employer’s help. In
February 1995, when the author was allowed to enter the house to pick up a few
belongings, her partner presented her with a letter from his lawyer requesting her to vacate
the house by 31 March 1995. The letter further notified her that his client would exercise
the remedies available to him under the law if she did not comply with his request. The
author is of the opinion that she was evicted from the house by her partner because she had
escaped the abusive relationship by leaving home and seeking refuge in a battered women’s
shelter.
2.7
In May 1995, the author decided to file the first court action against her partner
before the Supreme Court of the Northwest Territories to seek compensation for assault,
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