Potential Impacts: National

Now that Section 67 of the Canadian Human Rights Act has been repealed, there are several sections of the Indian Act  that could result in complaints against the Government of Canada, and the Department of Indian and Northern Affairs Canada, in particular.

These include:

Section 6 – Persons entitled to be registered
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Section 20 – Possession of Lands in Reserves

Section 30 – Trespass on Reserve

Section 42 – Descent of Property

Section 46 – Minister may declare Will Void

Section 51 – Mentally Incompetent Indians

Section 74 – Elections of Chiefs and Band Councils

Successful human rights complaints against any of these sections of the Indian Act, would necessitate revision of the Indian Act and/or its regulations by Parliament.  The Parliamentary process provides for review and consideration of  amendments to legislation at both the House of Commons and Senate levels.  National consultation processes for specific issues would have developed in conjunction with stakeholders once an issue is identified.

Bill C-21 applies to the Government of Canada as of June, 2008.  This means that an individual who believes that they are experiencing discrimination under any of these sections of the Indian Act should contact the Canadian Human Rights Commission.