Mr. Speaker, I rise today to express my support for Bill C-44, An Act to amend the Canadian Human Rights Act. Today my hon. colleagues have an opportunity to make Canada a more impartial and egalitarian society. The legislation now before us strives to end an unjust situation created when the Human Rights Act first came into effect 30 years ago.
Bill C-44 proposes to repeal section 67 of the Canadian Human Rights Act and thereby provide individuals, namely residents of first nation communities, with the same protection against discrimination long enjoyed by other Canadians. To understand the importance of repealing section 67, allow me to provide some context.
When the Canadian Human Rights Act was enacted in 1977, it was properly seen as a significant and progressive accomplishment for our country. The act furthered Canada's reputation as a respectful, democratic nation, dedicated to protecting the rights of its citizens. Observers from around the globe applauded Canada and our comprehensive approach to human rights protection. The Canadian Human Rights Act defines discrimination clearly and institutes a readily accessible investigative process that is open to public scrutiny.
The act not only prohibits discrimination based on 11 specific grounds, but also it provides the legal resource and recourse to citizens who feel that the federal government or institutions operating under federal jurisdiction have violated their rights. Under the act, it is forbidden to discriminate based on age, race, national or ethnic origin, colour, religion, sex, sexual orientation, marital status, family status, mental or physical disability or pardoned conviction.
To investigate and adjudicate alleged acts of discrimination, the act establishes two bodies: the Canadian Human Rights Commission and the Canadian Human Rights Tribunal. Over the past three decades, the Canadian Human Rights Act has served to strengthen democracy in our country.
Unfortunately, not all Canadians enjoy equal access to the legal instruments provided by the Canadian Human Rights Act. Section 67 states:
Nothing in this Act affects any provision of the Indian Act or any provision made under or pursuant to that Act.
This sentence simply and effectively denies some Canadians access to the remedies granted in the act. Section 67 shields the Indian Act and any decisions made or actions taken under the Act from application of the Canadian Human Rights Act. In effect, section 67 puts into question our claim to be a fair and egalitarian society.
When the Canadian Human Rights Act was debated in the House and reviewed in committee, the presence of section 67 elicited many objections. The exemption it granted, though, was accepted at the time as a temporary measure, one that would be rescinded once reforms to the Indian Act were completed. In fact, however, the kind of extensive reform of the Indian Act that was anticipated, and so greatly needed, in the 1970s has still not come. Later, more focused attempts to repeal section 67 of the Canadian Human Rights Act, in the form of both government sponsored legislation and a private member's bill, died on the order paper.
Today the exemption remains in place, creating a twisted irony of sorts: legislation designed to promote equality effectively sanctions discrimination. Under section 67, thousands of Canadians cannot fully avail themselves of the legal instruments that combat discrimination. What is particularly disturbing is that section 67 affects many of Canada's most vulnerable citizens, residents of first nation communities.
Among other matters, the Indian Act stipulates how first nation communities are governed, how Indian status is defined and how reserve lands are administered. Under section 67, potentially discriminatory decisions made by agencies mandated by the Indian Act, such as band councils and school boards as well as the federal government itself, are exempted from the Canadian Human Rights Act. These decisions often touch on crucial aspects of day to day life, such as education, housing, registration and the use and occupation of reserve lands. We must take immediate action to remove this fundamental inequality.
Most Canadians recognize that huge gaps exist in the quality of life experienced by aboriginal and non-aboriginal people in our country. The government is determined to close these gaps and make tangible, sustainable progress on the full range of aboriginal issues. To do so, I believe we must address root causes, and there is no doubt that inadequate legal frameworks exacerbate many key problems. I am pleased to report that a collaborative effort is underway to design and implement appropriate legal frameworks.
Prior to our last adjournment, members of the House accorded speedy passage to Bill C-34. The legislation grants first nations in British Columbia greater control of on reserve education and encourages improved education outcomes through appropriate partnerships among first nations and with provincial educational bodies.
A series of consultations is underway to recommend legislative options to resolve the difficult issue of on reserve matrimonial real property, something that our minister has championed since the day he took office. Another consultative process that is ongoing is aimed at improving the quality of drinking water. This has been proposed through legislative options, which can lead to putting appropriate standards into law.
I am convinced that the repeal of section 67 is an important building block in a renewed legislative framework that can enable aboriginal peoples to participate fully in the prosperity of our country.
Bill C-44 has three main components.
The first repeals section 67 of the Canadian Human Rights Act, something that has been in place for some 30-odd years now.
The second commits Parliament to conduct, within five years, a review of the effects of this repeal, and this is important to consider.
The third component provides six months to prepare for the application of the repeal to first nations. In essence, for the first six months following royal assent, the exemption granted to first nations under section 67 would remain in place. While some parties have called for a longer delay period, in my view, after 30 years access to these important rights protections cannot and should not be delayed any further.
For first nations, adapting and responding to the Canadian Human Rights Act regime is a process that will evolve over the years, just as it has for institutions to which the act currently applies.
The Canadian Human Rights Commission has already established an aboriginal program to give specific attention to the unique needs and circumstances of aboriginal communities as they relate to the Canadian Human Rights Act and the Employment Equity Act.
The six month delay will provide for a focused period during which the Canadian Human Rights Commission will inform first nations about the Canadian Human Rights Act and begin to work with them to develop culturally appropriate community redress mechanisms, if they so wish. The Government of Canada, though, would be subject to the act once Bill C-44 received royal assent as there would be no six month delay.
The simplicity of the legislation before us belies the valuable impact it will have on the residents of first nation communities. Bill C-44 would give full legal protection to the rights of thousands of Canadians for the very first time. It would enable them to challenge and adjudicate potential cases of discrimination that may exist currently on reserves.
The Canadian Human Rights Commission fully supports Bill C-44 and has declared itself ready and able to help first nations deal with the repeal of section 67. Its work with first nations will not simply end after the six month delay period. The Canadian Human Rights Act authorizes the commission to establish guidelines on how to interpret particular types or groups of complaints.
I fully expect that the commission will work closely with first nations to explore and develop appropriate interpretive policies, guidelines and regulations, helping first nations build the capacity to address the new avenues provided for the protection of their citizens, avenues that have long been available for the rest of Canadians. I know all first nations families would be interested in seeing this come to pass.
As I noted previously, another mechanism to ensure that Bill C-44 does not cause any group undue hardship in including itself, we have included this in the legislation. A parliamentary standing committee must conduct a thorough and open review of the impact that this repeal will have on first nations after five years have passed. The committee must also submit a full and public report to the House of Commons.
The Canadian Human Rights Act has become a cornerstone of Canada's democracy and today we have the opportunity to ensure that it applies to all Canadians, first nation Canadians, so all citizens can be treated with equal respect and dignity before the law.
I urge the members of the House to support Bill C-44.
