Is it agreed?
An Act to amend the Canadian Human Rights Act
This bill is from the 39th Parliament, 1st session, which ended in October 2007.
This bill is from the 39th Parliament, 1st session, which ended in October 2007.
Jim Prentice Conservative
In committee (House), as of Feb. 21, 2007
(This bill did not become law.)
This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.
This enactment repeals section 67 of the Canadian Human Rights Act and provides for a statutory review, within five years after the enactment receives royal assent, of the effects of the repeal by any parliamentary committee that may be designated or established for that purpose. It also contains a transitional provision with respect to aboriginal authorities.
All sorts of information on this bill is available at LEGISinfo, an excellent resource from Parliament. You can also read the full text of the bill.
Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-44s:
Canadian Human Rights ActGovernment Orders
Anita Neville Liberal Winnipeg South Centre, MB
Mr. Speaker, let me begin by saying that those of us on this side of the House will not take a back seat to anyone on human rights. I am very proud to be part of a group and a community that has championed human rights, a party that has enshrined in Canadian society the right to freedom of religion, freedom of thought, freedom of expression and freedom of the press, to name but a few.
However, I listened to my colleague opposite, and before I get into the substance of the bill, I want to remind him that while his Conservative government has indeed introduced legislation to right a legislative wrong, it has to do more. We cannot talk about addressing human rights issues without addressing the human rights needs of individuals, such as housing, drinking water and education.
As we know, the Kelowna accord addressed many of these human rights needs of first nations. The actual negotiation for Kelowna took place over 18 months between 2004 and 2005. It focused on building a more promising future for aboriginals. It set aside more than $5 billion over that period to close the gaps in the needs that we expect all Canadians to have: the human rights needs of a safe place to live, a bed to sleep in, education, housing and economic opportunities.
In my view, it is a profound breach of faith that the minority Conservative government decided to break a promise made by the previous government, a solemn promise made to the leaders of the nation's five most prominent aboriginal groups.
If we are going to strengthen democracy, we cannot ignore the human rights needs of our first nations people that go beyond the legislative need to file a human rights complaint.
I will acknowledge that there has been a hole in the Human Rights Act, a hole that needed to be and should have been filled by previous governments.
When I speak of section 67 of the Human Rights Act, I acknowledge that it was designed to be in place for only a temporary period of time. That temporary period of time, we have heard, has been 30 years. It is time that steps are taken to extend to aboriginal peoples on reserve what those of us not on reserve take for granted, that is, the ability to file a human rights complaint when we feel that our rights are being abused.
However, while I support the intent of the legislation, and I want to underline the fact that I support it, I do have some concerns.
The first concern I want to raise has been raised by one of my colleagues in questioning. In keeping with its pattern of operation, the Conservative government has yet again failed to recognize and acknowledge that the time period in which the federal government would dictate policy to aboriginal people is behind it. It is no more.
We do not impose any more without consulting. Why the government would choose to operate in this way is beyond me. There has been no consultation. There has been no forewarning. There has been no discussion with first nations. There has simply been a decision made to do it and say that it is time to impose it. That is not the way to do business with first nations.
Previous reports that examined the effect of repealing section 67 of the Human Rights Act have made it clear that a transition and implementation period is necessary in order to effectively acclimatize first nations for the legislation. The Human Rights Commission, which we all know of and is well regarded, recommended that the transition and implementation period be a minimum of 18 months and up to 30 months. Other groups have also recommended an implementation and transition period of 30 months.
Did the government consider this when it drafted its recommendations? Did it consider what the Human Rights Commission had to say? Did it ask first nations how long they thought they needed before being adequately prepared? It appears not. It seems that they plucked a number out of the air and said that first nations have six months to prepare.
We know that most first nations do not have the resources or capacity to cope with the potential exposure to liability or to undertake measures to reduce risk. We know that in the bill the government has neglected to mention any resources that will be allocated to capacity building. There must be a capacity both to respond to and to prevent human rights violations.
Also, as it relates to the repeal of section 67, the government has chosen to ignore the matter, and again it has been raised here today, of an interpretive clause. By so doing, the government has once again said that it knows best. It has ignored the advice of the Human Rights Commission and the will of first nations, which both say that an interpretive clause is a necessary inclusion in any legislation dealing with section 67.
The purpose of the clause would be to assist the Human Rights Commission in adjudicating claims against first nations governments, agencies and institutions. In previous submissions on the repeal of the section, the Assembly of First Nations has strongly advocated for the inclusion of such a clause. It does so to ensure that their concern in maintaining an appropriate balance, which again we heard raised earlier today, a balance between collective rights and individual rights, is maintained, and consequently the tradition of collectivity carries on for future governments. Again the government has chosen to bypass this. Before Bill C-44 is finalized, there must be an accommodation for an interpretation clause.
Yet another concern as it relates to the repeal of section 67 is the impact it will have on aboriginal and treaty rights. The constitutional analysis and effect related to the repeal is unknown and needs to be examined before moving forward with the bill. We have heard that will happen in five years. It seems to me that this is putting the cart before the horse. Usually in all other areas when we implement legislation, we need to know what the impact will be, and then we move forward. We seem to be doing it backwards this time.
Another concern is the issue of jurisdiction and who is best able to deal with the issues of human rights complaints on reserves. In its report on section 67, again the Human Rights Commission suggests the possibility of the enactment of a first nations human rights commission and tribunal. Its idea, which I believe the Assembly of First Nations has endorsed enthusiastically, is nowhere to be seen in the legislation. The establishment of such a commission and tribunal would go a long way to addressing the concerns.
From the outset, I say on behalf of my party that we support the intent of the legislation. Our support for the purpose of the legislation, the extension of rights, is consistent with the Liberal Party's activities over the years from Confederation to today. However, I do have to note the irony that the same government that rushes to introduce the legislation is also responsible for successfully lobbying for the abandonment of the UN declaration on the rights of indigenous peoples.
I agree that the same rights need to be extended across this country to every person. The fact that the legislation will extend the ability to file human rights claims is long overdue, but I repeat that there are concerns that need to be addressed. There are matters of consultation. There are matters of implementation. There are matters of capacity. There are matters of an interpretive clause. There is the matter of the analysis on the impact on treaty and aboriginal rights. Also, there is the whole issue of operation.
I look forward to seeing this piece of legislation go to committee. There is much work to be done in committee before it can be brought back to the House for a successful conclusion.
Canadian Human Rights ActGovernment Orders
February 7th, 2007 / 3:50 p.m.
Winnipeg South Manitoba
Conservative
Rod Bruinooge ConservativeParliamentary Secretary to the Minister of Indian Affairs and Northern Development and Federal Interlocutor for Métis and Non-Status Indians
Mr. Speaker, I would like to thank my colleague for her support in theory for what we are attempting to do with section 67, and for her submission, although I have a question for her. It could be likely, unfortunately, that human rights violations are occurring on first nations reserves right now. I hope that is not the case, but it could very well be the case. Any amount of time that we extend in the process of transitioning this repeal will be simply an extension of those violations continuing, so I ask her, why should we make it longer than it needs to be?
Anita Neville Liberal Winnipeg South Centre, MB
Mr. Speaker, human rights violations are being committed in first nations communities right across this land of ours. Human rights violations are being committed when someone does not have adequate housing, when someone does not have safe water, when someone does not have the opportunity to go to school, when someone does not have the opportunity to develop a skill. There are human rights violations which the government is choosing to ignore over and over and over again.
We know that any initiative by government is bound to fail unless it is done properly. To do it properly is to talk about doing a consultation with those most affected, to talk about an appropriate implementation plan, to look at all of the risks associated with implementation.
The last thing we want to do is to set something up for failure. My belief is that rushing it through this way will do just that.
Marc Lemay Bloc Abitibi—Témiscamingue, QC
Mr. Speaker, I listened carefully to the speech given by my colleague, who, I would like to underscore before the House, is doing terrific work on the Standing Committee on Aboriginal Affairs and Northern Development. I have a very specific question for her. She knows from committee that I ask very specific questions.
Does she believe that this bill will focus on individual rights rather than group rights, when we talk about eliminating section 67 and replacing it with Bill C-44?
What position will she take on this bill once it goes to committee? A very serious matter concerning the rights of individuals in relation to group rights will then have to be debated.
Canadian Human Rights ActGovernment Orders
The Acting Speaker Royal Galipeau
The hon. member for Winnipeg South Centre should note that I would also like to allow another question from a member of the New Democratic Party.
Anita Neville Liberal Winnipeg South Centre, MB
Mr. Speaker, I cannot give a definitive response to my colleague's question. There is uncertainty as to the implication for individual over collective rights. That is why I spoke about the need for an important analysis to be done before we pass this legislation. I said that the government seems to be doing it backwards. We need to know what it is going to mean before we move forward.
Canadian Human Rights ActGovernment Orders
The Acting Speaker Royal Galipeau
The hon. member for Hamilton East--Stoney Creek should know that there is a minute for both the question and the answer.
Wayne Marston NDP Hamilton East—Stoney Creek, ON
Mr. Speaker, I will be brief.
The Canadian Human Rights Commission has expressed concerns. Its report calls for a two stage implementation. Would the member not agree that there is a serious flaw in this legislation that does not take in the cultural differences for the band councils to prepare for this implementation?
Anita Neville Liberal Winnipeg South Centre, MB
Mr. Speaker, I thought that I had addressed that in my comments. Yes, there is a real concern when we rush with a six month implementation period of something of this sort.
The Canadian Human Rights Commission has called for an 18 to 30 month implementation period to allow for the accommodation and the necessary adjustments. Others have called for an openness so that should more time, even more than 30 months, be necessary, that it be available. My colleague has raised an important question and I thank him.
Tina Keeper Liberal Churchill, MB
Mr. Speaker, this is a critical and important debate looking at the human rights of first nations citizens in our country. The Canadian Human Rights Act is not only based on principles upheld in this country but on international human rights principles and practices for which we are leaders on the world stage. As Canadians we are very proud.
Today I am also proud to contribute to the debate at second reading of Bill C-44, an act to amend the Canadian Human Rights Act. The intention of the bill is to effectively repeal section 67 of the Canadian Human Rights Act, which reads as follows:
Nothing in this Act affects any provision of the Indian Act or any provision made under or pursuant to that Act.
The Minister of Indian Affairs and Northern Development stated:
Since its inception, section 67 has been the subject of numerous calls for repeal, including calls from the United Nations Human Rights Committee and the Canadian Human Rights Commission, as well as from Canada's national Aboriginal organizations. Today, this Government is moving forward to finally repeal section 67 to ensure that all Aboriginal people have the same access to human rights protections as all other Canadians.
The member for Provencher, when he was minister of justice, stated:
The repeal of section 67 represents an important step in furthering and enhancing the individual human rights protection enjoyed by all Canadians.
The departmental backgrounder states:
Section 67 was part of the Canadian Human Rights Act when the Act was introduced in 1977. At the time, discussions were underway with Aboriginal groups about possible reforms to the Indian Act. Section 67 was originally adopted as a temporary measure because it was recognized that the application of the Canadian Human Rights Act to all matters falling under the Indian Act could have resulted in certain provisions of the Indian Act being found discriminatory before the discussions with Aboriginal groups about reforming the Indian Act had concluded. Since its inception, however, section 67 has been the subject of numerous calls for repeal--
As was stated by my colleague and by the member opposite, the intention of this bill, to address the issue of human rights for first nations in Canada, is indeed something which I am also in agreement with, but I have serious concerns with the process indicated in Bill C-44. Given that Churchill riding has a high first nations population, I want to ensure that my constituents have a voice in this critical debate.
We have heard from the parliamentary secretary that the issues and concerns surrounding section 67 have been around for the past 30 years and since its inception it has been the subject of numerous calls for repeal. First nations and aboriginal groups have also made statements and have positions on this issue as well.
As a whole, first nations have voiced their commitment to human rights. They have long-standing traditions, cultures and laws, respecting human rights, both individual and collective. Indeed they have been here for thousands of years.
When the Canadian Human Rights Act became law, the unique circumstances and perspectives of first nations were recognized in the exemption of the Indian Act bands through section 67. It was never intended to be long term but it was expected that the government would engage the first nations and respectfully and appropriately reflect first nations interests and perspectives relating to human rights. That the Government of Canada intends to forcefully move ahead to repeal the section without due regard to the first nations position as voiced is a deep concern.
There was also a recommendation for a consultation process in the October 2005 special report by the Canadian Human Rights Commission entitled “A Matter of Rights”. It recommended the repeal of section 67. It recommended that:
The repeal legislation [must] include provisions to enable the development and enactment, in full consultation with First Nations, of an interpretative provision, which will take into consideration the rights and interests of First Nations.
If we are considering human rights, then it must be in that spirit that Canada work alongside first nations. How critical is this? How necessary is it for the government to fully consult with first nations on this legislation and how it relates to their future and their well-being?
We have heard over and over again in this House about the dire living conditions of first nations. The government must also fully appreciate the potential impacts on aboriginal and treaty rights that this bill may have. The Royal Commission on Aboriginal Peoples stated that aboriginal peoples must have the room to exercise their autonomy and structure the solutions.
We are talking about a position by first nations, recommendations, and consultation between first nations and government, and more specifically, the drafting and approval of an interpretative provision on section 67. The Assembly of Manitoba Chiefs, which represents 33 first nations in my riding, has recommended that any proposed interpretative provisions not become merely guidelines or policy but a legislative provision, legally binding, and also that this process be first nations specific.
We have heard from other members today about the concerns on collective rights that first nations have continually maintained and to achieve a sustainable solution for all first nations citizens. I have mentioned many of these elements in previous speeches, but unfortunately, I have to repeat myself.
In May 2005 an agreement was signed by the Assembly of First Nations and the then Liberal government, the First Nations-Federal Crown Political Accord on the Recognition and Implementation of First Nations Governments. It laid a framework for a collaborative federal policy development process that would guarantee first nations participation. Bill C-44 was not a result of this collaborative process as guaranteed by this accord.
While the bill actually has a transition provision, it does not explicitly contain any terms for a delay period in order to establish issues relating to implementation. Bill C-44 does provide a six month period of immunity for first nations from complaints as outlined in clause 3 of the bill.
Most first nations lack the resources to manage the new exposure to liability they would face if Bill C-44 was adopted or to undertake ameliorative measures to minimize potential risks. A six month immunity period will not change this situation. It will only defer the inevitable flood of complaints that will follow after a six month delay period when our communities are facing chronic housing shortages and limited access to and services for disabled people. First nations require the financial resources to minimize or eliminate potential exposure to the risk of complaints. We must first ensure that first nations are provided with adequate resource mechanisms and institutions to fulfill their new responsibilities and risks.
I agree with the intent of this bill, but I have serious concerns about the process and the lack of consultation with first nations and aboriginal groups such as the Native Women's Association of Canada. That association has voiced concerns as well about the lack of consultation in this process.
Harold Albrecht Conservative Kitchener—Conestoga, ON
Mr. Speaker, I noted with interest the comments of my colleague. She did acknowledge that this provision was put in as a temporary measure over 30 years ago. She also indicated that she has major concerns with the lack of consultation.
I am sure she is aware that in 1999 there was a lot of consultation all across Canada with a number of aboriginal people who represented many different national and regional organizations. Input was received from many different people, including the National Association of Women and the Law and the Native Women's Association of Canada. A number of other organizations were also consulted.
In addition, in 2005 the Canadian Human Rights Commission held discussions with aboriginal groups in the preparation of its special report on section 67.
How much consultation does my colleague envision would be adequate? Would another 30 years be appropriate, or is it time to quit our consultations and take some action that would actually advance the cause of aboriginal peoples in Canada?
Tina Keeper Liberal Churchill, MB
Mr. Speaker, I find it somewhat offensive that the member opposite would infer that there has been a 30 year consultation process. Indeed, we all know that the Indian Act has been in place and has been the source of much deliberation on how to move forward between first nations and the Canadian government to ensure first nations can participate in a society that provides equality and a standard of living.
What we are talking about is many years of inequity. I am not sure specifically about what consultation period the member was talking. I have a joint press release from the Assembly of First Nations and the Native Women's Association of Canada, issued on December 13, 2006, in which they state, “We support the repeal in principle, but only after proper consultation”.
National Chief Phil Fontaine has said:
The Government of Canada has not consulted First Nations, even though this action was anticipated almost three decades ago....Now, the government intends to simply repeal this section without due regard to the unique legal context and development of associated capacity for First Nations relating to the CHRA. This is simply a recipe for ineffectiveness and will add new costs for First Nations governments already under-resourced.
I will also quote the Native Women's Association of Canada President, Bev Jacobs, who also said in this press release:
We believe that the repeal of Section 67 without engaging in meaningful consultations with Aboriginal peoples could only lead to disaster....We are still dealing with the aftermath of Bill C-31, which was a result of not having meaningful consultation with First Nations, including Aboriginal women.
In answer to the member's question, I am not exactly sure about what consultation he is talking. I will be very happy to hear about the consultation processes. Perhaps the member could table a report or table the information and ensure that we have it on this side of the House. Certainly the Assembly of First Nations and the Native Women's Association of Canada do not seem to agree that there was a proper or meaningful consultation on this issue.
Canadian Human Rights ActGovernment Orders
The Acting Speaker Royal Galipeau
Just a note to the hon. member for Churchill, this is a five minute period for questions and comments. We have now burned more than four minutes. There is now 40 seconds left for the hon. member for Abitibi—Témiscamingue to ask a question and to give you a chance to answer.