This paper builds on the work and analysis of other equality-seeking women’s groups, as well as on the many reports documenting discriminatory legislation and administrative practices infringing the rights of federally sentenced women (FSW) in Canada.² NAWL submits that in addition to constituting discrimination contrary to the Canadian Charter of Rights and Freedoms³ and the Canadian Human Rights Act,⁴ the treatment of FSW amounts to breaches of fiduciary duties owed by the Canadian government,⁵ including specific duties owed by the Correctional Service of Canada (CSC), to all FSW and to Aboriginal FSW in particular, as well as to violations of Canada’s international human rights commitments.

NAWL puts forward three specific and somewhat discrete legal arguments on behalf of federally sentenced women (FSW):

1. that CSC has breached its fiduciary duty/obligation to FSW;

2. that CSC has breached its fiduciary duty/obligation to Aboriginal FSW/Aboriginal peoples; and

3. that CSC has failed to respect the rights of FSW enshrined in international human rights instruments to which Canada is a signatory.

The first two issues expand on an argument raised by Patricia Monture-Angus, in a background paper written for the Canadian Association of Elizabeth Fry Societies (CAEFS). Monture-Angus argued that the Crown, as represented by CSC, is in breach of its fiduciary duty/obligation to FSW (and, in particular, to Aboriginal women/peoples) for failing to remedy “obvious and known circumstances of discrimination.”⁶ The arguments presented on this issue build upon Monture-Angus’ assertion and are founded upon a review of academic literature and jurisprudence.