Section 67 : Background

Year

Process

Outcome

1977

Canadian Human Rights Act passed

Parliament passes the Canadian Human Rights Act to prohibit discrimination under federal jurisdiction, including federal legislation and regulation, departments and agencies, and any service provider or federally regulated employer, with the exception of the Indian Act.

1982

Constitution Act, including the Charter of Rights and Freedoms passed

Charter guarantees individual human rights with special mention of gender equality and a reference to aboriginal and treaty rights and a specific guarantee of  equality for men and women in the enjoyment of Aboriginal and treaty rights

1985

Bill C-31, An Act to Amend the Indian Act passed

Bill C-31 attempted to address Indian Act registration provisions that violated the human rights of Indian women and which had been determined to contravene international human rights standards. 

1999 - 2000

Canadian Human Rights Act Review

Repeal of Section 67 recommended.

2002 –

2003

Bill C-7, First Nations Government Act Consultation

Repeal of Section 67 is supported by the Joint Ministerial Advisory Committee, subject to the inclusion of an interpretative clause to ensure the survival of an Aboriginal community’s language and culture, and land base, and provided resources are made available to band councils to manage transition.  Bill died on the Order Paper.

2004 – 2005

Bill S-45, An Act to Amend the Canadian Human Rights Act

Proposed an interpretative clause.  Bill died on the Order Paper.