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Congress of Aboriginal Peoples
Representing the rights and interests of off-reserve Aboriginal people in Canada.

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CAP Policy: Section 67 of the Canadian Human Rights Act

 

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Introduction

In 1977, Parliament passed the Canadian Human Rights Act in order to ensure that all areas of federal jurisdiction are free from discrimination on the basis race, national or ethnic origin, colour, religion, age, sex, marital status, family status, disability or pardoned conviction.  In 1996, sexual orientation was added by Parliament to the list.These are referred to as “enumerated grounds” and they are specified in the Canadian Human Rights Act

There was one notable exception to the application of the Canadian Human Rights Act and that is the Indian Act, and all activities of the federal government and Band Councils that originate from the Indian Act.  This exception, known as Section 67,  was granted in recognition of the fact that there was already court action underway related to women’s rights, and to accommodate the need for consultation and the development of transitional provisions related to Indian Act matters.

On December 13, 2006, the Hon. Jim Prentice, Minister of Indian Affairs and Northern Development introduced legislation into the House of Commons to repeal Section 67.   The legislation was known as Bill C-44. That Bill died on the order paper when the House of Commons prorogued on September 14, 2007.

On November 13, 2007, the Hon. Chuck Strahl, Minister of Indian Affairs and Northern Development, introduced a new bill to the House of Commons, Bill C-21, which replaced Bill C-44.

Bill C-21 was reviewed by the House of Commons Standing Committee on Aboriginal Affairs:  the Committee made significant amendments to the Bill.   The bill then made its way through the House of Commons and the Senate.  On June 18, 2008, it received Royal Assent and became law:  Section 67 has now been repealed. The final version of Bill C-21 can be viewed here

 

 

 

Section 67 In The News
(External Links, Use Back Button to Return)

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Section 67 Resources and Background Materials

Canadian Human Rights Act

Canadian Human Rights Commission – A Matter of Rights

Former Chief Brazeau’s presentation to the Standing Committee on Aboriginal Affairs and Northern Development