C-21 2 39 56-57 Elizabeth II 2007-2008

An Act to amend the Canadian Human Rights Act

An Act to amend the Canadian Human Rights Act

Canadian Human Rights 2008 6 18 30 2008 90436

SUMMARY

This enactment repeals

section 67 of the Canadian Human Rights Act and provides for a statutory review, within five years after the enactment receives royal assent, of the effects of the repeal. It also contains interpretative provisions as well as transitional provisions with respect to aboriginal authorities.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

R.S., c. H-6

CANADIAN HUMAN RIGHTS ACT

Section 67 of the Canadian Human Rights Act is repealed.

Aboriginal rights

1.1

For greater certainty, the repeal of

section 67 of the Canadian Human Rights Act shall not be construed so as to abrogate or derogate from the protection provided for existing aboriginal or treaty rights of the aboriginal peoples of Canada by the recognition and affirmation of those rights in

section 35 of the Constitution Act , 1982.

Regard to legal traditions and customary laws

1.2

In relation to a complaint made under the Canadian Human Rights Act against a First Nation government, including a band council, tribal council or governing authority operating or administering programs and services under the Indian Act , this Act shall be interpreted and applied in a manner that gives due regard to First Nations legal traditions and customary laws, particularly the balancing of individual rights and interests against collective rights and interests, to the extent that they are consistent with the principle of gender equality.

REVIEW AND REPORT

Comprehensive review

(1) Within five years after the day on which this Act receives royal assent, a comprehensive review of the effects of the repeal of

section 67 of the Canadian Human Rights Act shall be jointly undertaken by the Government of Canada and any organizations identified by the Minister of Indian Affairs and Northern Development as being, in the aggregate, representative of the interests of First Nations peoples throughout Canada.

Report

(2) A report on the review referred to in subsection (1) shall be submitted to both Houses of Parliament within one year after the day on which the review is undertaken under that subsection.

TRANSITIONAL PROVISIONS

Grace period

Despite

section 1,

an act or omission by any First Nation government, including a band council, tribal council or governing authority operating or administering programs or services under the Indian Act , that was made in the exercise of powers or the performance of duties and functions conferred or imposed by or under that Act shall not constitute the basis for a complaint under

Part III of the Canadian Human Rights Act if it occurs within 36 months after the day on which this Act receives royal assent.

Study to be undertaken

The Government of Canada, together with the appropriate organizations representing the First Nations peoples of Canada, shall, within the period referred to in

section 3, undertake a study to identify the extent of the preparation, capacity and fiscal and human resources that will be required in order for First Nations communities and organizations to comply with the Canadian Human Rights Act . The Government of Canada shall report to both Houses of Parliament on the findings of that study before the expiration of the period referred to in

section 3.