Canadian Human Rights Act - FAQs

March 31, 2011

1. What is the Canadian Human Rights Act (CHRA) and why is section 67 being repealed?
The CHRA is federal law that prevents discrimination.  The 11 grounds of discrimination protected under the Act are: race; national or ethnic origin; colour; religion; age; sex; sexual orientation; marital status; family status; disability; and a conviction for which a pardon has been granted.

Section 67 in the CHRA exempted the application of the CHRA to the Indian Act

2. What does the repeal of section 67 mean for First Nations?

The removal of section 67 from the CHRA means the CHRA will now apply to the Indian Act and to Band Councils. The lands, facilities/buildings and programs and services of the Band and Band Council will be affected.

3. Are all First Nations affected?

The CHRA will apply to all Indian Act bands as a result of the removal of section 67.

4. Will the changes to the CHRA affect First Nations’ Aboriginal and Treaty rights?

Aboriginal and Treaty rights are guaranteed and affirmed by the Constitution in section 35 and there is a non-derogation clause that further protects aboriginal and treaty rights.  The Constitution is the supreme law of the land and is superior to federal legislation.

5. What is a customary law?

It’s the laws, practices and traditions of the First Nations peoples.  As an example, It could be in the form of traditional marriage or adoption ceremonies and rules.

6. Who will decide what is a First Nation customary law or legal tradition?

Individuals may file “discrimination complaints” with the Canadian Human Rights Commission on the basis that the CHRA is being violated by the Band Council.  However, the Band Council may present evidence to establish that the practice or rule being followed is a “custom”. The Canadian Human Rights Commission will be asked to decide if there is discrimination or if custom is involved.

7. What does the ‘principle of gender equality’ mean?

There can be no discrimination on the basis that an individual is a female.

8. What assistance will be available to First Nations governments to help them prepare for this change?

Despite the fact that it has been clearly established that the First Nations governments do not have the financial and governance resources to respond effectively to the CHRA application, the federal government has not indicated any support or assistance to First Nations governments.

9. What actions can First Nations governments take right now to prepare for the changes to the CHRA coming into effect on June 19, 2011?

Due to limited resources, First Nations should undertake a review of their policies, procedures and practices to ensure compliance with non-discrimination.

10. What kind of actions can First Nations governments take to deal with human rights complaints within their communities?

The development of local fair and impartial “dispute resolution” procedures can be an effective way to resolve complaints.