Human rights law extends to reserve aboriginals

'We are including First Nations people ... on the same basis as everyone else'

BY MARK KENNEDY, POSTMEDIA NEWS

A groundbreaking law takes effect Saturday which allows people living on aboriginal reserves to seek protection under the Canadian Human Rights Act if they feel they have faced discrimination by their band council.

In an interview Thursday with Postmedia News, Aboriginal Affairs Minister John Duncan described the change as a significant shift which finally provides to aboriginals the same human rights protections that have been provided to Canadians.

"It's a big deal. It should be celebrated. We are including First Nations people in society on the same basis as everyone else. So it's hugely important."

Moreover, Duncan had a direct message for band councils and aboriginal groups that have expressed concerns about the change - which was passed into law in 2008 but only takes effect now after a grace period.

"We all face change in our lives," said Duncan. "The business communities have to deal with lots of change. People have had to deal with lots of change. The world is an unstable place. This is just something to be accommodated. There's no downside to treating people with respect. This is common sense. There's nothing mystical or magical about this. It's a basic building block of respecting human rights."

As of Saturday, decisions or actions taken by band councils and the federal government, made under the Indian Act, will be subject to the Canadian Human Rights Act.

Assembly of First Nations National Chief Shawn Atleo called on the federal government Thursday to ensure enough funds are supplied to implement the shift.

"First Nations fully support human rights and want to continue to work with the federal government to ensure our governments and citizens have the appropriate supports to effectively work through this change," he said in a written statement.

"Currently, First Nations lack the capacity and resources to effectively implement the changes," he said noting that many aboriginals have voiced concern about how the new human-rights protections will affect local services, lands and facilities. For instance, he said public buildings and housing owned by First Nations will need to "meet the needs" of the physically disabled.

"Clear commitments must be made in order for First Nations to be in a position to ensure respect for human rights."

When the Canadian Human Rights Act was introduced in 1977, it included a clause - section 67 - which essentially exempted people on reserves from using the protections of the act if they felt they had experienced discrimination by the federal government or band councils.

The exemption was adopted as a temporary measure while discussions were under way with native groups about possible reforms to the Indian Act. Over the years, there were failed legislative attempts to change it and Canada came under criticism in various reports - including from the United Nations - for its unfair human rights treatment of aboriginals.

When Parliament repealed the exemption in 2008, the change immediately kicked in for any complaints against the federal government. But a three-year transition phase was allowed for First Nations to prepare for the adjustment.

The repeal won support from some natives, notably women who felt they have faced discrimination by band councils. But many aboriginal leaders raised objections, citing the impact repeal would have on their collective rights and their ability to cope with the financial costs of rulings stemming from discrimination complaints.

Some argued freedom from discrimination is incompatible with aboriginal collective rights and interests. Others took the view that First Nations are sovereign and should not be governed by any federal or provincial laws.


(2011-6-17/The Montreal Gazette)