Aboriginal and Treaty Rights and Violence against Women

In this article, the author argues that one reason violence against aboriginal women in Canada has not received adequate attention is because political discourse within Indigenous communities, influenced by the way Canadian courts frame Indigenous issues, has focused on other matters. The author specifically addresses the jurisprudence on s 35(1) of the Canadian Constitution Act, 1982. Section 35 recognizes and affirms the aboriginal and treaty rights of aboriginal peoples in Canada. The author suggests that s 35(1) jurisprudence has focused on land and resource conflicts at the expense of human rights issues. Thus, the author argues, chiefs and leaders within Indigenous communities have also focused on these issues, inadvertently drawing attention away from issues related to violence against women. As a result of this concern, the author advocates that Indigenous peoples' constitutional rights be re-framed by reinterpreting s 35 to emphasize issues of gender and violence. The author therefore presents s 35 as a potential vehicle for ensuring that all levels of government, including Indigenous governments, are obligated to address violence against women.