CEDAW/C/81/D/68/2014
Court had endorsed a narrow interpretation of the Human Rights Act and left little
recourse to First Nations women and their descendants, who lacked institutional power
and funds for decades-long legal battles in defence of their rights;
(b) Human Rights Watch, which noted that the Indian Act had been a primary
instrument of the State party’s policy of colonization, which, according to the Truth
and Reconciliation Commission of Canada, had suppressed Aboriginal culture and
languages, disrupted Aboriginal government, destroyed Aboriginal economies and
confined Aboriginal people to marginal and often unproductive land s. While the
gradual implementation of Bill S-3 had made significant improvements, including by
restoring 6 (1) (a) status to the author, his children continued to be disqualified from
receiving similar status because they did not meet the criterion that their parents must
have married prior to 1985. Unlike their cousins, whose parents married prior to 1985,
the author’s children could be granted status only under section 6 (2) – a cut-off rule
arbitrarily based on the year of marriage – which effectively denied future generations
of their families status under the Indian Act. The rule is discriminatory towards people
of indigenous matrilineal descent whose parents were married after 1985. The State
party’s piecemeal reforms to the Indian Act over the years had proved insufficient and
left room for continued gender-based discrimination. Human Rights Watch also
expressed its concerns about increasingly limited access to justice f or indigenous
people seeking redress, especially in the light of the Supreme Court ruling of June
2018 that, because the Canadian Human Rights Tribunal could not overturn
discriminatory laws, the Tribunal did not have the power to decide whether parts of
the Indian Act were discriminatory. In the light of the length of time that the
proceedings have been pending, the organization also pushed back against the State
party’s claim that the author had not exhausted all domestic remedies;
(c) Amnesty International, which submitted that the author was among tens of
thousands of people in Canada who continued to be discriminated against, because of
the ongoing failure of the State party to address fully the adverse effects of the
historical gender inequality in the Indian Act, which represented a historical effort to
forcibly assimilate indigenous peoples;
(d) Assembly of First Nations, which submitted that Bill S-3 was adopted
without adequate consultation with indigenous peoples, resulting in legislation that
did not respect their fundamental rights;
(e) British Columbia Association of Aboriginal Friendship Centres, which
serves the needs of indigenous peoples displaced from their traditional lands and
associated cultural practices because of exclusion owing to Indian status, and which
submitted that the Indian Act remained a legislative tool that effectively assimilated
indigenous peoples over time;
(f) Native Women’s Association of Canada, which submitted that, in the light
of the considerable hurdles that indigenous people, like the author, had regularly faced
in gaining access to justice, it was not coincidental that, in its final report, the National
Inquiry into Missing and Murdered Indigenous Women and Girls 14 called for the
creation of a national indigenous and human rights ombudsperson and a related
national indigenous and human rights tribunal;
(g) Union of British Columbia Indian Chiefs, which submitted that the
amendments of 2019 had failed to provide full remedy to indigenous women and their
descendants affected by the historical and ongoing assimilative provisions of the
Indian Act. Indeed, given the continuing imposition of a cut-off in the determination
of status, the author’s children had become eligible for registration only under
section 6 (2), unlike their cousins, who were eligible for registration under
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14
22-03658
Available at www.mmiwg-ffada.ca/final-report/.
11/19