The Committee resumed consideration of the motion of Jean Crowder, — That the Committee report back to the House the following:
That after meeting with many witnesses, it is clear that greater consultation was needed on the repeal of Section 67 of the Canadian Human Rights Act before legislation was introduced in the House.
In particular, lawyer Louise Mandell said that consultation involves asking the appropriate question.
Therefore, the Standing Committee on Aboriginal Affairs recommends the following steps should be taken – as a minimum – to ensure greater consultation with affected First Nations on the repeal of Section 67 of the Canadian Human Rights Act:
1. Appoint one or more Ministerial Representatives (such as Wendy Grant-John for the Matrimonial Real Property study) to engage in transparent consultations with First Nations through their provincial-territorial organizations and tribal councils, as well as with national organizations (such as AFN and NWAC), with a view to achieving a degree of consensus on the following aspects of the repeal of Section 67:
a. options for interpretative clauses applying throughout the CHRA which take into account:
i) the balance required between individual and collective rights;
ii) existing aboriginal and treaty rights;
iii) the intention of the Indian Act to protect those lands set aside for the exclusive use and benefit of each First Nation;
iv) protecting the ability of each First Nation to determine its own membership if it chooses to do so;
v) preventing any adverse consequences to the lands and resources of a First Nation which might be caused by complaints by persons who are not entitled to membership in the First Nation.
b. options for a non-derogation clause
c. options for wording of a clause that would make it possible for First Nations or groups of First Nations to adopt their own human rights codes, laws, instruments and processes within a period of 36 months, with the Canadian Human Rights Act applying to First Nations after 36 months as a default until such time as a First Nation or group of First Nations has a code in place, providing that such First Nations codes etc. do not prevent Canada from meeting its international commitments.
d. options for wording of a clause that would make it possible for the Canadian Human Rights Commission and Tribunals to consider complaints made against a First Nation on grounds that its codes etc. do not permit Canada to meet its international human rights commitments.
2. That the Minister will ask the Ministerial Representatives to report on progress within six months; and indicate whether the six months consultation has been sufficient or whether additional consultation is required.
3. That support above and beyond core funding will be provided to assist the First Nations in their consultation and that this funding will not impact on any other funding currently in place.
4. Provide financial assistance to First Nations for the development and application of their human rights codes supporting education and awareness on human rights.