CEDAW/C/51/D/19/2008
Authority are not agents of the Government of Canada, but are rather agents of the
Government of the Northwest Territories. The Northwest Territories Housing
Corporation is a corporate body and agent of the Commissioner of the Northwest
Territories, created pursuant to the Northwest Territories Housing Corporation Act, and
the Rae-Edzo Housing Authority is a housing authority incorporated to operate within
the municipal limits of the hamlet of Rae-Edzo pursuant to an order made under the
Northwest Territories Housing Corporation Act.
8.2
The State party reiterates its view that the author’s communication is inadmissible
for the reasons set out in its 6 January 2009 submission on the question of admissibility.
8.3
The State party reiterates at great length the chronology of the facts of the case and
submits that the author has not demonstrated that articles 1, 2, paragraphs (d) and (e), 14,
paragraph 2 (h), 15 and 16, paragraph 1 (h), of the Convention have been violated.
8.4
As to the author’s allegation regarding violations of her rights under article 1 of the
Convention, the State party submits that the author has at no time provided any evidence,
either in her communication or before the domestic courts and tribunals in Canada, that the
Government of Canada, the Government of the Northwest Territories, the Northwest
Territories Housing Corporation or the Rae-Edzo Housing Authority (hereafter the ―State
party’s authorities‖) have committed any direct or indirect acts of discrimination as defined
in article 1 of the Convention, and has thus not established any discrimination in
contravention of article 1 of the Convention. It maintains that the author’s communication
does not single out any particular legislation or policy of the State party as being
discriminatory, nor does it point to any acts or patterns of discrimination, or otherwise
demonstrate how the State party’s authorities have discriminated against the author or
women in general on the basis of sex, marital status, cultural heritage or place of residence,
or any other ground of discrimination set out in the Convention. Rather, the communication
deals with a highly personal dispute between the author and her former common-law
partner, who, at a certain point in time, held a position with the Rae-Edzo Housing
Authority, and who allegedly abused that position for his personal gain. While the author
alleges that the Northwest Territories Housing Corporation and the Rae-Edzo Housing
Authority played a role in removing her name from the Assignment of Lease, there is no
evidence demonstrating that there was any discriminatory conduct on the part of these
bodies in respect of the removal of the author’s name from the document and, in turn, that
there was a violation of one of the articles of the Convention.
8.5
The State party submits that the author has alleged discrimination against ―women
applicants for housing,‖ and against ―women generally,‖ as well as failure on the part of the
State party to take all appropriate measures to eliminate discrimination against women in
general, and women living in rural areas in particular. The State party submits that the
author does not presently have any standing to represent women applicants for housing
generally, Canadian women generally, women living in rural areas or any other individuals
or groups of individuals, since she has not demonstrated that she has obtained consent from
such individuals or groups of individuals to act on their behalf, nor has she demonstrated
that she can act on their behalf without their consent.
8.6
The State party submits that there is no evidence that removal of the author’s name
from the Assignment of Lease for the Rae-Edzo property was due to a failure to pursue a
policy of eliminating discrimination against women, and that the removal of the author’s
name has not been shown to be due to a failure on the part of any Government entity to
undertake to refrain from engaging in any act or practice of discrimination against women
(art. 2, para. (d)) or due to a failure on the part of any Government entity to take all
appropriate measures to eliminate discrimination against women by any person,
organization or enterprise (art. 2, para. (e)). The State party also submits that the author has
not advanced any evidence of discriminatory conduct on the part of the State party’s
9