Human rights and the Indian Act

by Valerie Lannon

As of June 18, the Canadian Human Rights Act applies to “any decisions made or actions taken by band councils and the federal government, made under or pursuant to the Indian Act.”

The Globe and Mail noted in its editorial that this “holds the promise of improving governance on reserves” because now “aboriginal Canadians” can use the complaint mechanisms of the Canadian Human Rights Act if they believe they have been discriminated against.

No one is opposed to extension of human rights coverage to all people.

This legislative change has been in the works for a few years; in 2006, the Ontario Native Women’s Association prepared a position paper on the matter.

In that paper, the Association put the question of human rights legislation in the context of the Indian Act, and stated, “It is the Indian Act itself that is discriminatory and amendments to the (Human Rights) Act are not going to make Aboriginal people with special status under the Indian Act equal to that of all other Canadian citizens…. All Section 35 (Charter of Rights and Freedoms) does for equality is make it so that Aboriginal men and women will be discriminated against equally.”

Demands

In addition, First Nations have made it clear that they need the financial capacity to meet provisions such as barrier-free physical access to band facilities, and are insisting that the Harper government provide the required resources.

First Nations are demanding real human rights, the kind that can only come through self-determination, not from the Canadian state or from the “support” of the Globe and Mail, that made clear in its editorial that its main concern is to “improve governance”—code words for “watch out for all those corrupt natives.”

As always, our priority must be to show solidarity with justice initiatives taken by indigenous people themselves.