Media Room

2006 | 2005 | 2004 | 2003 | 2002 | 2001 | 2000

26/10/2005

News Release: Canadian Human Rights Commission Calls for Immediate End to Exclusion of First Nations People from Human Rights Protection.

OTTAWA, October 26, 2005 - In a report issued today, the Canadian Human Rights Commission urges Parliament to immediately repeal a section of the Canadian Human Rights Act that denies some First Nations people the ability to file complaints with the Commission.

Chief Commissioner Mary Gusella stated: “First Nations people living on-reserve are the only group of people in Canada who are legislatively excluded from filing human rights complaints in some circumstances. This situation is an embarrassment to Canada. How can Canada, in good conscience, promote respect for human rights both at home and abroad while excluding First Nations people from full human rights protection?”

Under section 67 of the Canadian Human Rights Act (CHRA), the rights of people living in on-reserve communities are denied. Section 67 excludes them from filing a complaint with the Commission relating to any action arising from or pursuant to the Indian Act. Section 67 was included in the Canadian Human Rights Act when it was first drafted in 1977. The reason given at the time was to allow the government time to address issues regarding sexual discrimination against women who married non-Indian men. It was to be a temporary measure. However, 28 years later, despite repeated requests by the Commission for repeal, section 67 is still in the CHRA.

“Twenty-eight years is far too long to wait for fundamental rights,” said Mr. Kelly Russ, who led the development of the Special Report, entitled A Matter of Rights. Mr. Russ, a member of the Commission, is a Vancouver based lawyer who works on Aboriginal rights issues  and is a member of the Haida First Nation. “First Nations people, like all other residents of Canada, are entitled to protection from discrimination, anything less is unacceptable.”

The Special Report notes that section 67 is arguably contrary to the Canadian Charter of Rights and Freedoms as well as several international human rights instruments to which Canada is a party.

The Commission’s key recommendation is that section 67 be repealed as soon as possible. The Special Report also recommends that there be an 18- to 30-month transition period to allow the Commission and First Nations to properly prepare for the application of the CHRA in areas from which it was previously excluded.

The Special Report highlights the need to ensure that human rights protection is introduced in a way that respects the rights and interests of First Nations. “An interpretative provision will be necessary,” said Commissioner Russ, “to guide the Commission, the Human Rights Tribunal and the courts to apply the Act in a way that appropriately respects the legitimate collective rights and interests of First Nations communities.” During the proposed transition period, the Commission recommends that the government carry out consultations with First Nations on interpretation issues. “The report is the first phase. The next phase, once the repeal has occurred, will focus on implementation, but to make it happen, First Nations will have to be fully involved at every step of the process,” he added.

Chief Commissioner Gusella noted that whenever possible the Commission encourages parties to a human rights complaint to try to resolve the matter through their own dispute resolution process rather than using the more formal statutory process under the CHRA. “Filing a complaint with the Commission should only be a last resort,” said the Chief Commissioner, “to be used when other forms of dispute resolution have not been successful. The Commission is committed to working with First Nations communities, if they so wish, to put in place their own processes for resolving human rights issues in a manner that is sensitive to the particular situation and needs of specific First Nations.”

The Chief Commissioner and Commissioner Russ recently met with the Minister of Justice, the Honourable Irwin Cotler, to discuss the Special Report and urge speedy implementation of its recommendations.

– 30 --

See: Report: A Matter of Rights

See : Backgrounder: The Canadian Human Rights Commission

Jean-Christophe Vlasiu
Communications
Canadian Human Rights Commission
Tel. : (613) 943-9120
jean-christophe.vlasiu@chrc-ccdp.ca