16°c Overcast
14°c Cloudy periods
Winnipeg Free Press - PRINT EDITION
First Nations gain same rights other Canadians already enjoy
OTTAWA -- As of today, First Nations people have access to the same human rights protections as all other Canadians.
"This is a historic day," said David Langtry, acting chief of the Canadian Human Rights Commission.
Related Items
"Over 700,000 people who previously had no recourse under the Canadian Human Rights Act are now able to come to the Canadian Human Rights Commission to seek a remedy to improve their lives in First Nations communities and beyond."
First Nations people already had the ability to challenge Ottawa over rights violations. That was granted in 2008 in federal legislation that also gave First Nations three years to transition to the new system. The transition is over and people on reserves now have the same rights as anyone else in terms of challenging local governments over discrimination.
Funding for clean water, education, child welfare and housing on reserves is open to question under the rights act.
The commission has spent the last three years meeting with First Nations communities to prepare for this day. Hundreds, if not thousands, of complaints may arise due to the poor living conditions on many reserves.
Langtry said he hopes the change will kick-start improvements to living conditions on reserves, raising them to the standard of living other Canadians enjoy.
First Nations are wary because they fear they don't have the resources to provide the level of services needed to avoid human rights complaints.
Debbie Burka, chief of political staff for the Assembly of Manitoba Chiefs, said if services on reserves are discriminatory it's often due to a lack of funding, not a lack of will: "It can put an additional burden on communities that are already suffering."
For example, she says any time a band gets housing money, residents who don't benefit could claim they are being discriminated against. Burka said she could see complaints against band councils turning into complaints by band councils against Ottawa over underfunding.
While today marks a milestone, the outlook is murky. The federal government is potentially close to absolving itself of human rights complaints involving service funding filed by First Nations. Last March, the Canadian Human Rights Tribunal dismissed a complaint that argued the federal government violates the human rights of aboriginal children by underfunding child-welfare programs on reserves.
The tribunal chair said the Human Rights Act allows complaints only based on services provided differently by the same level of government. Since child-welfare services off reserve are provided by provincial governments, the tribunal chair said discrimination could not be determined.
The First Nations Caring Society is appealing that decision in Federal Court.
Langtry said if the decision is upheld it could nullify the intention of the government to extend human rights protections to people who live on reserves. "The government of Canada would get sweeping immunity from human rights law," he said.
Philippe Dufresne, senior council for the commission, said it expects a hearing on the matter will take place late this year or early next year. He said the consequences could be far-reaching.
"Parliament on the one hand gave human rights to First Nations and on the other, this could take them away," Dufresne said.
The commission expects the case will ultimately land in the Supreme Court. Other complaints against the federal government regarding funding for reserve services could be stalled until the case is settled.
-- with files from The Canadian Press
Republished from the Winnipeg Free Press print edition June 18, 2011 A5
More Local
- Back to Top
- Return to Local
More Local
(1 of 32 articles for today)
PST hike a 'difficult decision' but necessary, NDP official says
12:33 PM 0View Related
Poll
Most Popular Local
- Doctor charged with sexually assaulting teen at HSC
- MTS becomes takeover target
- Woman drove into river on purpose
- Teachers vote to donate $1.5M to human rights museum
- Police searching for suspect who woke sleeping teen
- Overnight stabbings probed
- City's first urban reserve born
- Infamous, chronic pedophile declines to seek parole
- Premier defends PST hike at NDP convention
- Keeping the e-party going without the party-crashers
- Man dies after being pulled from vehicle submerged in Winnipeg retention pond
- Flood money paid for CEO's romantic trip
- Crash claims two young women, RCMP say
- Developers to unveil plans for bold downtown tower
- Police identify slaying victims
- Apple trick on Ellen falls short for city woman
- Woman drove into river on purpose
- City's first urban reserve born
- The end of the credit card?
- Man charged, victims identified in double homicide
- Hundreds pitch in to dig out houses damaged, destroyed by Ochre Beach ice floe
- A child-custody catastrophe
- Charleswood deaths being investigated as domestic incident
- Man charged, victims identified in double homicide
- Co-worker 'sick' today? Maybe it's the $17M flu
- Man dies after being pulled from vehicle submerged in Winnipeg retention pond
- '2 minutes after I read the winning numbers, I retired': Winnipeg lotto winner
- Flood money paid for CEO's romantic trip
- Parents, community relieved and elated as missing boy found safe
- No threat from bag found at Winnipeg Square
- Unjust justice: Still no aboriginal court in Manitoba
- Teachers vote to donate $1.5M to human rights museum
- MTS becomes takeover target
- SCU pulls Bill 18 petition
- City chiropractor guilty of beating, sexually assaulting ex-girlfriend
- You can bet the farm on housebarns
- City's first urban reserve born
- Keeping the e-party going without the party-crashers
- Former CEO 'disappointed' Allstream leaves Manitoba
- Overnight stabbings probed
- Developers to unveil plans for bold downtown tower
- Fishing for fashion
- Famous city grocer loved job, customers
- City's first urban reserve born
- Core grocer a challenge: expert
- Flood money paid for CEO's romantic trip
- Grocer Joe Cantor dies at 88
- City chiropractor guilty of beating, sexually assaulting ex-girlfriend
- First Nation celebrates groundbreaking on city's first urban reserve
- North End proud
- Hundreds pitch in to dig out houses damaged, destroyed by Ochre Beach ice floe
- Mental-health patients get own ER
- A child-custody catastrophe
- An uncommon phenomenon
- Steen invests $1M in family entertainment centre
- Developers to unveil plans for bold downtown tower
- Earls on Main going, but new one coming
- Province introduces changes to rules governing landlords, renters
- Crushing blow for amateur sport
- Boost same-sex curricula: union
Ads by Google
You can comment on most stories on winnipegfreepress.com. You can also agree or disagree with other comments. All you need to do is register and/or login and you can join the conversation and give your feedback.
Have Your Say
New to commenting? Check out our Frequently Asked Questions.
The Winnipeg Free Press does not necessarily endorse any of the views posted. By submitting your comment, you agree to our Terms and Conditions. These terms were revised effective April 16, 2010.