Human rights legislation to improve on-reserve rights

[Human Rights on-Reserves]

Opposition politicians have been successful in fighting the Harper government's efforts to push through Bill C-44, an act to change Canada's Human Rights so First Nations people living on-Reserves have the same rights as other Canadians.

Opposition MPs support the intent of the legislation but not the process the government is using to force it through parliament.

Today ( July 26th, 2007) the Standing Committee on Aboriginal Affairs and Northern Development voted in favour of a motion to make sure there is reasonable time for meaningful consultation - something First Nations leaders argue is necessary because of the impact the changes will bring to First Nation communities.


NOTICE OF MOTION FROM ANITA NEVILLE/

Whereas the Standing Committee on Aboriginal Affairs and Northern Development agreed at its meeting of May 10, 2007, that the clause by clause study of C-44 “be reserved until September”,

Whereas the Standing Committee on Aboriginal Affairs and Northern Development adopted a motion on June 19, 2007, calling on “all debate on repeal of section 67 of the Canadian Human Rights Act be suspended for a maximum of 10 months following the adoption of this motion by the Committee”,

That the clause by clause study of bill C-44, An Act to amend the Canadian Human Rights Act, should immediately be suspended until proper consultations have taken place pursuant to the motion adopted by this committee on June 19, 2007.
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NOTICE OF MOTION FROM MARC LEMAY/


To allow a reasonable time for consultation with and between the First Nations regarding repeal of section 67 of the Canadian Human Rights Act and its intent, the Standing Committee on Aboriginal Affairs and Northern Development pursuant to Standing Order 108(1)(a) recommends as follows:

That all debate on repeal of section 67 of the Canadian Human Rights Act be suspended for a maximum of 10 months following adoption of this motion by the Committee, in order to make possible the following:

discussions between the federal government and the organizations representing the First Nations locally, regionally and nationally, on an appropriate level of funding to support an adequate consultation process, with each First Nation to receive such funding;

consultation of its citizens by each First Nation, and consultation by the First Nations of one another, within their regional structures;

the launching by the federal government of consultations with the First Nations, either on an individual basis or by regional or national organization, as determined by each First Nation.

That, once the process defined above is completed, and no later than 10 months after adoption of this motion by the Committee, the Standing Committee on Aboriginal Affairs and Northern Development resume debate and public hearings on repeal of section 67 of the Canadian Human Rights Act, or its replacement, so that the First Nations could either appear before the Committee to explain the results of their consultations, or submit the results in writing.

And that adoption of this motion be reported to the House at the first opportunity.

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AFN National Chief expresses concern about government efforts to rush human rights legislation without proper consultation

OTTAWA, July 24, 2007

Assembly of First Nations National Chief Phil Fontaine is concerned about a sudden meeting this week that appears to rush the approval of Bill-C44. In an unusual political move, the Standing Committee on Aboriginal Affairs and Northern Development has been called back to Parliament and will be meeting on Thursday, July 26, to go through the bill, clause by clause.

The bill involves repealing section 67 of the Canadian Human Rights Act.

It would allow people in First Nation communities to launch human rights
complaints relating to federal government policy and the exercise of powers
under the Indian Act.

"We are strong supporters of human rights," said National Chief Phil Fontaine, "but our people still haven't been properly consulted by the federal government about the proposed legislation. People in First Nations communities need time to prepare for this legislation, particularly because it will add new costs for First Nations governments, many of which are already
under-resourced."

Conservative Members of Parliament on the committee have called for the
meeting this week, despite a motion by the Bloc Quebecois that was passed at
the committee in June, to hold 10 months of cross-country consultations on
Bill-C-44.

National Chief Fontaine said the government's rush to approve and implement this legislation is a tactic to deflect criticism away from its decision to oppose the United Nations Declaration on the Rights of Indigenous Peoples. Canada is aggressively lobbying other countries at the United Nations to not support the Declaration, even though it is the product of more than 20 years of consultations with Indigenous peoples around the world.

"The federal government is denying universal rights to First Nations in Canada and other Indigenous Peoples abroad," said National Chief Fontaine. "At the same time, the federal government is attempting to impose new laws on us
without providing the necessary resources to make them work."

The Assembly of First Nations is the national organization representing
First Nations citizens in Canada. www.afn.ca

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Canada's new government intends to move amendments to Bill C-44 at committee

OTTAWA, July 24, 2007

The federal government intends to move two amendments to Bill C-44 when the House of Commons Standing Committee on Aboriginal Affairs and Northern Development meets on July 26, 2007. Bill C-44 proposes to repeal section 67 of the Canadian Human Rights Act, which has prevented First Nations, mainly those living on reserves, from fully accessing the Canadian Human Rights Act in the same manner as enjoyed by all other Canadians for the past 30 years.

The first amendment would provide that the transition period applies to First Nation authorities, replacing the term "Aboriginal authority" currently
in Bill C-44. This proposed change is intended to clarify that the transition
period is meant to capture the same First Nations bodies - such as band
councils - currently exempted by section 67 of the Canadian Human Rights Act.

The second amendment would propose to extend the transition period for First Nations authorities from six months to eighteen months, to provide them
with additional time to prepare for repeal of s. 67. Repeal would apply without delay to the federal government, as currently proposed in Bill C-44.

The proposed amendments are the product of testimony expressed by
witnesses that appeared before the Standing Committee. They represent the
commitment of Canada's New Government to see human rights protections extended to all Canadians in a manner that is fair and timely.

Jim Prentice, Minister of Indian Affairs and Northern Development and Federal Interlocutor for Métis and Non-Status Indians, said, "While Parliament is on summer recess, Canada's New Government remains determined to carry on the business of the country. Bill C-44 has been with the Committee since February. There should be no further delay in the passage of Bill C-44 out of
committee. The injustice of denying First Nations basic human rights
protections cannot continue. I urge the parties to pass Bill C-44 without further delay." www.inac.gc.ca

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For Immediate Release
July 25, 2007

Conservatives must Consult Aboriginal Peoples on Rights Bill

OTTAWA - The minority Conservative government is playing politics with legislation that will dramatically impact the future of human rights for Canada's First Nations peoples, Liberal Indian Affairs Critic Anita Neville said today.

"The Opposition has called on the Committee to suspend debate on Bill C-44 for 10 months to allow time for proper consultation with First Nations," Ms. Neville said. "Instead of addressing the valid concerns of First Nations, Stephen Harper's government is ignoring them and has fixated on rushing the legislation through."

Defying the unanimous will of all three opposition parties, Conservative MPs have recalled the Aboriginal and Northern Affairs Standing Committee of the House of Commons for a meeting tomorrow to start clause-by-clause study of Bill C-44, which repeals a provision that exempts First Nations from the Canadian Human Rights Act.

Central concerns of the Opposition include:

- the possible effects of the bill on the longstanding treaty rights of First Nations;

- the short transition period the bill allows;

- the possible need for additional resources for First Nations to respond to their new responsibilities as result of the bill; and,

- the lack of a non-derogation clause to address the impact of the bill on the collective traditions of First Nations peoples, their aboriginal identity and collective existence

The Canadian Human Rights Commission, the Canadian Bar Association, the Assembly of First Nations, and the Native Women's Association of Canada have all called for changes to the bill.

"Virtually everybody but this government wants more consultation on this bill," said Ms. Neville. "Since the standing committee first started hearing testimony on this bill we have heard time and again that it must be changed if the interests of First Nations are to be served.

"This government has shown nothing but contempt for the will of a standing committee of Parliament and total disregard for the concerns of those who will be most affected by the new legislation," said Ms. Neville. "Why are the Conservatives afraid of consulting with First Nations?"

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Contact:

Office of the Honourable Anita Neville
(613) 992-9475

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