AFN - CHRA Webcast
To view the archived English webcast click here.
To access the PowerPoint presentations shown during the AFN-CHRC webcast click here.
The Canadian Human Rights Act (CHRA) will apply to the Indian Act and First Nation governments as of June 19, 2011. This Bulletin provides an update on this change and what it means for First Nations.
The CHRA is a federal law that prevents discrimination in a number of categories such as race, religion, age, gender, disability and others. Section 67 of the CHRA was a specific section that stated the CHRA did not apply to the Indian Act.
In 2008, the Government of Canada announced it would repeal section 67 of the CHRA. When this decision was made, the Government of Canada was required to undertake a study “with the appropriate organizations representing the First Nations peoples of Canada” to identify the “extent of the preparation, capacity and fiscal and human resources that will be required in order for First Nation communities and organizations to comply with the CHRA” (under section 4). In other words, the Government was to work with First Nations to assess how First Nations would be impacted by this decision. The government had two years to do this work.
The Assembly of First Nations strongly urged the government to work directly with First Nations to take the necessary steps to ensure equality rights are protected on reserve lands in a manner consistent with the international human rights system.
Now that section 67 has been removed, the CHRA will apply to the Indian Act and to First Nations Governments. This will have implications for First Nation lands, facilities, buildings and programs in First Nation communities. First Nation governments will no longer be exempt from the CHRA.
