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| CAP Policy: Section 67 of the Canadian Human Rights Act |
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What's Next?
Bill C-21 provided direction to the Government of Canada, the Canadian Human Rights Commission, and Aboriginal organizations about activities that need to be undertaken to stop Indian Act related discrimination. These include:
Clause 2(1)
Within five years after the day on which this Act receives royal assent (by June 18, 2013) a comprehensive review of the effects of the repeal of section 67 of the Canadian Human Rights Act shall be jointly undertaken by the Government of Canada and any organizations identified by the Minister of Indian Affairs and Northern Development as being, in the aggregate, representative of the interests of First Nations peoples throughout Canada.
Clause 4
The Government of Canada, together with the appropriate organizations representing the First Nations peoples of Canada, shall, within the period referred to in section 3 (June 2008 – June 2011) undertake a study to identify the extent of the preparation, capacity and fiscal and human resources that will be required in order for First Nations communities and organizations to comply with the Canadian Human Rights Act. The Government of Canada shall report to both Houses of Parliament on the findings of that study before the expiration of the period referred to in section 3 (by June 18, 2011).
CAP’s role?
The Congress of Aboriginal People anticipates working with the Canadian Human Rights Commission and the Department of Indian Affairs and Northern Development to ensure that Aboriginal Canadians have full access to the protections provided by the Canadian Human Rights Act as soon as possible. This may include:
- Providing Aboriginal people with information about their rights, and how to file complaints
- Undertake research on how the courts are addressing discrimination cases that affect Aboriginal people
- Participating in any national consultation or engagement processes that address Indian Act related discrimination
- Identifying and supporting off-reserve Band Members, including Non-Status Indians, who may be experiencing discrimination on the basis of the Canadian Human Rights Act’s prohibited grounds
- Provide off-reserve Band Members with information on how to participate in Band Council activities related to local by-law amendments that may affect their interests
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