Submission

Background

The Native Women's Association of Canada is a national non-profit organization incorporated in 1974, founded on the collective goal to enhance, promote and foster the social, economic, cultural and political well-being of Aboriginal women across Canada. With 13 Provincial Territorial Member Associations and an elected President and a Youth Council that is directly involved in decision making at the National level, the Native Women's Association of Canada preserves a regional focus on National concerns affecting Aboriginal Women.

The Native Women's Association of Canada is directly involved in increasing off-reserve Aboriginal women's participation in the economy with the Aboriginal Human Resource Development Agreement Strategy that has provided services to over 1700 women across Canada from 1999 to 2005. This is 6% of the entire off-reserve Aboriginal Female population serviced in the same period across Canada under the strategy.

Other projects and issues addressed by the Native Women's Association of Canada include citizenship/membership, justice and human rights, Health, Youth, Housing, Education, Environment, Economic Development, and the Sisters in Spirit initiative to raise awareness of racialized and sexualized violence against Aboriginal women.

The Native Women's Association of Canada advocates for a culturally relevant gender based analysis in the development of Government policy and programs.

Review of Part III of the Code

With the intent of ensuring that Aboriginal women are given a voice in the review of the code, the Native Women's Association of Canada submits the following document for discussion in an effort to provide further advocacy for Aboriginal women across Canada.

Issues and Recommendations

1. Aboriginal Awareness Training to Canada Labour Code Representatives

While the intent of the Commission is to review Part III of the Code, it is important that the knowledge of the history of Aboriginal people, who now live on and off reserve is necessary if the Commission is to have an appropriate context in matters pertaining to Aboriginal women.

The Commission needs to ensure that it provides Aboriginal Awareness Training and also hires more Aboriginal workers to deal with Unjust Dismissal Claims. Aboriginal women are more apt to speak to another Aboriginal woman regarding their situation than to a non-aboriginal. As well, the Commission must understand that Aboriginal organizations are not conventional. The majority are either related to one another, have a long history together, and live in the same community, whether that is in a city, town or reserve. If an individual brings an unjust dismissal claim forward, the results are not the same as other organizations. The individual can face isolation and have difficulty functioning within the Community. For Aboriginal Women, they may not have the necessary supports to feel comfortable in bringing a claim forward.

It is clear that the Labour Code may be able to provide support in a generic context but when it comes to Aboriginal people, greater awareness and support is required to the individual who appeals their case under it.

While this matter may not deal with a specific section in Part III, it does provide an important cultural context which the Commission must take into consideration.

2. Training of the Labour Code

It is clear that the majority of the problems could be avoided if the Code and its contents were made aware to employees and employers. Aboriginal women who reside on and off reserve require greater support in the Labour Market. As an Aboriginal Human Resource Development Agreement Holder, many targeted wage training subsidies are exempt from the legislation in most areas pertaining due to the fact that they generally last less than a year, which is the threshold under the Act, but should still form an integral part of their training. The training should be a part of the Employer's obligations to the Employees when they are first hired, either as an Apprentice, Trainee or Contractor.

The exemption policies should be reconsidered in light of viewing the Labour Code as a tool for advocating long term employment opportunities.

3. Application of the Code

The code only comes into effect after one year. For many Aboriginal women who are unaware of the Code, they may not be aware of their rights and may also have no other recourse of action, except under the Human Rights Legislation to make a claim for any situations they may have undergone in their employment situation.

The recommendation is that the Labour Code's one year of employment requirement for Employees to bring a claim forward be brought to 6 months to hold employers more accountable and employees to be given leverage in situations that occur before the year is completed.

4. Contractors and Term Employees

For Aboriginal women to gain entrance into the workforce, the use of short term contracts or term employment are the easiest way to gain entrance. The positions have no protection under the Labour Code. There should be a clear line within the Labour Code that these agreements that last longer than 6 months should be subject to the code in order to provide women with greater support in their employment situation.

5. Maternity Leave

Women, as the main caregivers, are more apt to take time off from employment to stay with their child once born. The result is that this section of the code must be safeguarded to account for other situations that may arise including the health of the child and the care required.

6. Compassionate Leave and Bereavement Leave

Women are the ones who generally take care of the elderly. The class of "family member" should include the extended family such as Aunt, Uncle or other close relative. The reason is that care of a relative is cultural in nature and is not limited to immediate family. As a result, family should be expanded as per the cultural context.

Overall Recommendations

The Native Women's Association of Canada would like to work in partnership with the Commission on Review of Federal Labour Standards. The Native Women's Association of Canada would like to request a culturally relevant Gender Analysis on the Federal Labour Code's unjust dismissal claims in order to ascertain the situation and develop a more accurate picture of the degree to which men and women are utilizing the Canada Labour Code to resolve their claims. There is further importance for on-going work and discussion with the Commission to assure the advocacy of Aboriginal Women in Employment on-reserve and off-reserve as per the Aboriginal Human Resource Development Agreement.

Other initiatives would include seeing further education provided to the Canada Labour Code representatives through training on the History of Aboriginal People in Canada as well as providing an advisory role in situations that concern Aboriginal Women. There is a definite need for the representatives to have a strong cultural context to frame future cases and decision making processes.

Lastly, the Native Women's Association of Canada would like to provide further support to the Commission through further meetings and discussions where necessary to provide a commitment to the changes in the Canada Labour Code.