Section 67, Potential Local Impacts - Congress of Aboriginal Peoples - Representing the rights and interests of off-reserve people living in urban, rural, and remote areas across Canada

Potential Impacts: Local

In addition to potential complaints against INAC, it is anticipated that the repeal of Section 67 of the Canadian Human Rights Act may result in complaints against Band Councils. Since the Indian Act gives Band Councils specific authority to develop their own membership rules and make by-laws and regulations related to a number of areas, complaints could arise if membership codes, band by-laws, regulations, or their enforcement resulted in individuals believing that their application exposed them to discrimination on the basis of race, national or ethnic origin, colour, religion, age, sex, marital status, family status, disability, pardoned conviction or sexual orientation.

Section 10 – Band control of membership

Section 81 – By-laws

A successful human rights complaint against a band by-law would necessitate revision and amendment of the by-law by the Band Council. Consultation processes for band by-laws would be undertaken by the Band Council with their members. Under Section 82 of the Indian Act, copies of all band by-laws passed under the authority of Section 81 must be sent to the Minister of Indian Affairs within four days of passage. The Minister then has forty-five days to review by-laws and must disallow any by-laws that do not comply with the requirements of The Canadian Human Rights Act.

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Section 67 : Potential Local Impacts

discrimiNATION