The Harper government's attempt to amend the Canadian Human Rights Act by removing section 67, which exempts the Indian Act from provisions in human rights legislation, has run into some roadblocks. The opposition parties have blocked an attempt by the government to move the legislation through committee, demanding instead that the government consult more broadly with First Nations communities. What's all the fuss about?
The Canadian Human Rights Act, including section 67, was enacted in 1977. Among other things, it prohibits discrimination on the basis of race, marital status and sex. Under the Indian Act at that time, women who married non-Indians lost their status while Indian men who married non-Indians not only retained theirs but their non-Indian wives were granted Indian status as well.
Having been chastised by the UN Human Rights Committee for violating Indian women's human rights, the Canadian government put section 67 in the new human rights legislation as a temporary measure, a way for the government to stop further complaints from Indian women while it consulted with First Nations peoples. But "temporary" turned out to be indefinite. Section 67 is still there.
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