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Tories attacked over stalling on human rights bill

The Canadian Press - Apr. 12 2008

OTTAWA -- Critics attacked the federal government Friday for stalling a contentious human rights bill after it was overhauled by opposition MPs to reflect widespread native concern.

"This bill would give First Nations people full rights protection under the Human Rights Act," said Liberal native affairs critic Anita Neville.

"It is inexcusable that the Conservatives would kill their own legislation because they don't like some of the amendments passed during the committee process."

The bill would allow First Nation members to make formal complaints against band councils or Ottawa. Reserves have been largely barred from such action since the Canadian Human Rights Act was passed in 1977.

What was supposed to be a temporary exemption to allow bands to prepare for potential complaints was never removed.

Opposition MPs on the all-party aboriginal affairs committee forced several key changes to the legislation. They include a three-year grace period and several clauses to protect the collective nature of traditional native relationships to their lands and communities.

On Thursday, Government House Leader Peter Van Loan suggested that such changes "gutted" the bill.

"Perhaps if the members are . . . prepared to reverse their position . . . we would be happy to bring it forward again," he said in the House of Commons.

Van Loan made the comments in response to Liberal House leader Ralph Goodale, who asked when the bill would be brought back for third and final reading.

Indian Affairs Minister Chuck Strahl says the legislation isn't dead, but that the government is studying opposition amendments that "muddy" it. He could not say when it might be brought back to the Commons.

Strahl is also unhappy with the extended three-year transition phase - even though native groups and chiefs themselves requested it.

"It's always put off, this bill," he said. "It has been talked about for 30 years.

"I've been disappointed with the changes that have been brought in for those reasons. And I've heard it (the concerns) from First Nations but I just don't buy their argument. I mean, this should be in place. Chiefs and councils should be held to the same standard as everybody else, and this idea that it can be put off means that in the meantime people aren't covered. And they should be."

Critics say the Conservatives have ignored native concerns while craftily positioning themselves to say their human-rights efforts were thwarted by rival MPs.

"I think they like to manipulate things, to make it look like they're addressing the issues," said Beverley Jacobs, president of the Native Women's Association of Canada.

"But they're doing it in a very under-handed way. And they're not making the real, concerted effort to ensure aboriginal peoples are consulted.

"It's very frustrating."

The national Assembly of First Nations (AFN) along with several chiefs told the aboriginal affairs committee last year that they want rights protection for their people. But they protested in unison what they said was a rushed process without any chance for meaningful input.

"We are strong supporters of human rights," AFN national chief Phil Fontaine has said.

"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 . . . particularly because it will add new costs for First Nations governments, many of which are already under-resourced."

Native leaders asked for a three-year transition period - as was granted to provinces before the Charter of Rights and Freedoms took effect - for education and preparation.

The Conservatives offered 18 months, up from the six months included in the original bill, but no new funding or formal consultation.

Concern was also raised that the Tories were trying to stress individual rights as a legal end-run around collective land rights and communal practices of aboriginal people. The big fear, critics say, is assimilation.

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Liberal party press release ...

Conservatives Must Reverse Decision on Human Rights Act

April 11, 2008

OTTAWA - The Conservative government must reverse yesterday’s decision to repeal legislation giving First Nations people full rights protection under the Canadian Human Rights Act, Liberal Indian Affairs Critic Anita Neville said today.

“This bill would give First Nations people full rights protection under the Human Rights Act. It is inexcusable that the Conservatives would kill their own legislation because they don’t like some of the amendments passed during the committee process,” said Ms. Neville.

Section 67 was adopted as a temporary measure in 1977 when the Human Rights Act was introduced. Since then, individual First Nations have not been able to launch complaints under the Canadian Human Rights Act.

“Liberal Leader Stéphane Dion has been unequivocally clear in his support for the repeal of section 67. The Liberal Opposition in cooperation with the Opposition parties worked in good faith at committee to bring forward amendments to strengthen the bill. In contrast, the Conservatives have been unprincipled and have chosen to treat this issue as a high stakes partisan game,” said Ms. Neville.

“Their refusal to bring back their own legislation is not all that surprising when you take into consideration their opposition to the United Nations Declaration on the Rights of Indigenous Peoples. It sends the wrong message to Aboriginals. It sends the message that the government is not serious about their rights and not serious about their equality,” she added.

Ms. Neville also pointed out the amendments put forward by the Liberal Opposition are in line with those called for by the majority of the witnesses who appeared before the committee including the Assembly of First Nations and Native Women’s Association. They include a 36 month delay before the Human Rights Act takes force in aboriginal communities, in line with the implementation period recommended by the Canadian Human Rights Commission.

“The amendments reflected the views of Aboriginal leadership in this country,” said Ms. Neville. “The Liberals are willing to support the legislation if the amendments are accepted”.

“Last month the Canadian Human Rights Commission issued a second report calling for the repeal of Section 67. We support that call and urge the Conservatives to respect the democratic process, and the will of the committee, and call on them to bring the amended bill back immediately,” said Ms. Neville.