Law widens scope of First Nation rights

By Sandra McCulloch, Times Colonist; -With Files From Postmedia News

A change in federal law, which comes into effect today, will allow those living on aboriginal reserves to lodge human rights complaints against chiefs and councils.

Section 67 of the Canadian Human Rights Act had prevented First Nations people living on reserves from filing complaints against the band council or federal government.

Under the new law, any decisions or actions taken by band councils and the federal government, made under the Indian Act, will be subject to provisions of the Canadian Human Rights Act.

In an interview 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."

The section was supposed to be a "very temporary measure" but it has taken years to be repealed, said Nanaimo-Cowichan NDP MP Jean Crowder. "It's been a source of continuing criticism of Canada by the United Nations for having this discriminatory practice in their legislation," Crowder said from Ottawa.

But the band councils coming under the Human Rights Act will cause difficulties due to a lack of education and resources, she said.

"Part of my concern has been that some people may file human rights complaints because of a housing allocation but the bands don't have resources to provide everyone on their housing lists with housing," Crowder said.

The change in law "opens up a huge can of worms," Crowder said.

Doug White, chief of Snuneymuxw First Nation, agreed. First Nations governments are more under-funded than other governments in the country, he said.

"It's going to be yet another issue that we're going to be under-funded to properly implement and effectively address," said White.

"It's going to be a real challenge when the complaints start coming forward."

smcculloch@timescolonist.com

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(2011-6-18/timescolonist.com)