CEDAW/C/81/D/68/2014
based discrimination. He maintains that the ongoing discrimination under various
versions of the Indian Act has plagued the members of his matrilineal indigenous
bloodline since 1927, allowing four generations to be exposed to gender-based
discrimination simply because his indigenous grandparent was female instead of male.
State party’s additional observations
7.1 In observations submitted on 26 March 2015, the State party indicated that it
respectfully disagreed with the conclusions of the Inter-American Commission on
Human Rights and the Special Rapporteur on the rights of indigenous peoples.
7.2 The State party submitted that, in February 2015, the Superior Court of Quebec
had concluded its hearing of a constitutional challenge to the regi stration provisions
of the Indian Act, in the case of Descheneaux v. Canada (Attorney General), in
relation to someone in a very similar situation to the author. Given that the Court was
expected to release its decision in August 2015, the State party was of the view that
it would be inappropriate for the Committee to consider the merits of the
communication while the issue remained before the Canadian courts.
7.3 On 6 May 2015, the State party submitted that, in the complaint submitted by
the author, the Federal Court finally dismissed the judicial review. According to the
State party, the author must bring a claim of discrimination under the Canadian
Charter of Rights and Freedoms.
7.4 On 8 October 2015, the State party submitted that, in August 2015, the Superior
Court of Quebec had rendered its decision in Descheneaux v. Canada (Attorney
General), concluding that the registration provisions of the Indian Act violated the
Charter. The Court ordered legislative amendments. The Attorney General submitted
an appeal. The State party remains of the view that it would be inappropriate for the
Committee to consider the merits of the communication while the issue raised remains
active before the national courts.
Suspension of consideration of the communication
State party’s request for suspension
8.
On 21 June 2016, the State party submitted that, in February 2016, the newly
elected Government had withdrawn its appeal in Descheneaux v. Canada (Attorney
General) and that it was exploring legislative changes. As that process would likely
have an effect on the issues raised by the author, the State party requested that the
Committee suspend consideration of the communication until the forthcoming policy
process was completed.
Suspension of consideration of the communication
9.
On 14 March 2017, the Committee decided to suspend consideration of the
communication until 24 August 2017, owing to the State party’s decision to explore
legislative changes.
Author’s comments on, and request to lift, the suspension
10. On 22 June 2017, the author submitted that he would have liked to have provided
comments on the State party’s request for suspension of consideration of the
communication prior the Committee taking its decision. He recalled that, on 16 June
2017, Bill S-3 – submitted in response to the judgment in Descheneaux v. Canada
(Attorney General) – had been passed by Parliament. According to the author, Bill S-3
of 2017, Bill C-3 of 2011 and Bill C-31 of 1985 were three failed attempts to resolve
the matter of gender-based discrimination. The author requested the Committee to lift
the suspension of consideration of the communication.
22-03658
7/19