CEDAW/C/51/D/19/2008
authorities in respect of the circumstances surrounding the filing of the joint application for
housing listing the author and Mr. Senych (her partner) as co-applicants for housing under
the Northern Territorial Rental Purchase Program. The State party observes that the author
has provided two letters indicating that in October of 1992, her partner made a request to
have her name removed from the Assignment of Lease for the Rae-Edzo property. The
author has also provided a copy of an Assignment of Lease indicating that the Rae-Edzo
property was assigned to her partner, solely in his name, in June of 1993. However, the
State party submits that these documents are not evidence indicating that the removal of the
author’s name from the Assignment of Lease was motivated by or was in any way a byproduct of a failure on the part of the State party’s authorities to refrain from engaging in
any act or practice of discrimination against women or to ensure that the Northwest
Territories Housing Corporation and the Rae-Edzo Housing Authority refrained from
engaging in any such acts or practices of discrimination. Further, because the author did not
pursue her litigation claims against her partner, his Estate or the Housing Authority, there is
no domestic decision-making body’s judgment attempting to determine why her name was
removed. The State party maintains that the author’s partner may have perpetrated a fraud
against her by abusing his position within the Housing Authority, although this has not
been established in any way. This abuse of authority for personal reasons cannot be
attributed to the State party or any of its Government entities as an act of discrimination
against the author or women generally, and is not evidence of an act or pattern of
discrimination. Accordingly, the State party submits that the author’s allegations in respect
of article 2, paragraph (d), of the Convention are without merit or have not been sufficiently
substantiated.
8.7
The State party submits that after Mr. Senych (the author’s partner), solely on his
own behalf, applied to the Rae-Edzo Housing Authority to purchase a dwelling unit under
the Northern Territorial Rental Purchase Program and was denied, ―the Board of Directors
of the Rae-Edzo Housing Authority instructed one of their Tenant Relations officers to
contact the author and explain to her that her partner’s application for housing would be
considered if her name was added to the application since she was a resident of the
community of Rae-Edzo.‖ The State party maintains that the Board of Directors advised the
Tenant Relations officer to provide this information to the author because ―it was
apparently common knowledge in the community of Rae-Edzo that Mr. Senych lived in a
common-law relationship with the author, and because it was also common knowledge that
the author was from the community of Rae-Edzo, and thus, was eligible to apply for
housing from the Rae-Edzo Housing Authority.‖ The State party observes that the author
has not advanced any evidence to the effect that she was specifically told that she could
only apply for housing under the Northern Territorial Rental Purchase Program if she
submitted an application which listed Mr. Senych as a co-applicant or that she could not
apply for housing on her own behalf or that she could not seek sole ownership of a housing
unit from the Rae-Edzo Housing Authority. The State party further observes that the
eligibility criteria under the Northern Territorial Rental Purchase Program in place at the
material time did not contain any restrictions along the lines of gender, marital status or
cultural heritage, and that the eligibility criteria cannot be seen as unfairly targeting women
living in rural areas.
8.8
The State party maintains that both the author’s income and the income of her
partner were taken into account in determining their eligibility under the Northern
Territorial Rental Purchase Program and that it is significant that the author has not
demonstrated that she would have actually been in a position to acquire the Rae-Edzo
property on a rent-to-own basis had she made an application solely on the basis of her own
earnings.
8.9
As to the author’s allegation that the State party contravened article 2, paragraph (e),
of the Convention, the State party maintains that in order for the author to demonstrate a
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