CEDAW/C/51/D/19/2008
that she has put forward general statements and has not provided evidence of the alleged
acts of discrimination against the various groups of women which she has mentioned,
whereas the State party has refuted, in detail, each and every one of the general statements
made by the author.
3.2
In my view, this case stems from a problem that arose between the author and her
former partner, W.S., who appears to have used — and abused — his position of authority
as a board member of the Rae-Edzo Housing Authority to request, in February 1992, and to
secure, in June 1993, the removal of the author’s name from the Assignment of Lease,
which certified the author’s co-ownership of Parcel No. 138, by the Northwest Territories
Housing Corporation. It is probable that the removal of the author’s name from that
document was obtained by fraudulent means by W. S., who did not meet any of the
eligibility requirements for property ownership in Rae-Edzo. The circumstances under
which this occurred were not investigated and, to this day, it remains an open question as to
whether or not a punishable criminal offence was committed by W.S. and one or more
employees of the Northwest Territories Housing Corporation. No light has been shed on the
facts surrounding the disappearance of the corresponding file either.
3.3
I do not, in particular, share the conclusions reached by the Committee concerning
the violence suffered by the author at the hands of her former partner. In June 1993, when
the Northwest Territories Housing Corporation assigned — whether as the result of an
error, negligence or a conspiracy to commit fraud — Parcel No. 138, which had until that
point in time been co-owned by the author and her former partner, to W.S. as sole rightsholder, the Northwest Territories Housing Corporation had not been made aware of the
difficulties that the author was experiencing in her relationship with W.S. and, more
specifically, had not been informed that the author was a victim, if the statements made in
the communication are to be believed, of violence, threats, repeated sexual abuse and
intimidation and was being prevented from engaging in gainful employment. The
Corporation did not learn of the author’s situation until 1996, when she filed the second
suit. Before that, when the author had filed the first suit, in May 1995, W.S. was the sole
defendant. Thus it was through two civil actions, filed (but not pursued) in 1995 and in
1996/1998–2003, that the Canadian authorities learned of the author’s allegations
concerning the violence committed upon her by her former partner. Thus, in my view, the
State party cannot be charged with having failed to exercise due diligence in this case.
3.4
Nor do I share the Committee’s view, as expressed in paragraph 10.4 of the
communication, that the State party failed to ensure that its agents provided legal protection
to the author. It is certainly surprising that the Northwest Territories Housing Corporation
did not undertake an inquiry into the circumstances under which the author’s name was
removed from the contract once the Corporation was informed of this situation by the
author in 1996; at the very least, this bespeaks an inexplicable lapse on the part of that
housing authority in the enforcement of its own rules on the assignment of properties, but
the author has not demonstrated that this lapse constituted discrimination against her. An
error, or even an act of fraud, leading to the removal of her name from the Assignment of
Lease and a failure to undertake proper monitoring and, if appropriate, to rectify that error
in the corresponding documents do not in themselves constitute discrimination against the
author. Nor did the author advance this argument in a Canadian court with a view to
proving that discrimination had taken place. In addition, the Northwest Territories Housing
Corporation and W.S.’s estate attempted, on repeated occasions, to remedy, insofar as
possible, the injury done to the author through the loss of her property rights. I share the
State party’s view that the author has not demonstrated that the offers made to her were not
made in good faith or that all of them were insufficient. In particular, the monetary
compensation offered in 1999 and 2001 ($15,000 and $20,000, respectively) appears to
correspond to the value of the property of which the author was deprived, since Parcel No.
138 was ultimately sold by the estate for $30,000.
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