Frequently Asked Questions

Repeal of Section 67 of the Canadian Human Rights Act

Q.1. What is the Canadian Human Rights Act?

A. The Canadian Human Rights Act is a law passed by Parliament in 1977 to prohibit discrimination in employment and services within federal jurisdiction.

Q.2. How does the Canadian Human Rights Act work?

A. The Act provides individuals with access to human rights protection by allowing them to file complaints of discrimination in employment and in the provision of services within federal jurisdiction. There are 11 prohibited grounds of discrimination covered by the Canadian Human Rights Act; e.g., race, national or ethnic origin, colour, religion, age, sex (including pregnancy and childbirth), sexual orientation, marital status, family status, mental or physical disability (including previous or present drug or alcohol dependance) and pardoned conviction. The Act also created the Canadian Human Rights Commission and an independent Canadian Human Rights Tribunal.

The Commission is an independent body. Its primary responsibility is to investigate and resolve individual complaints of discrimination and to educate the public. If the Commission cannot resolve a complaint, it may send the matter to the Tribunal. 

The Tribunal has the power to conduct a hearing, review evidence and make a decision on whether or not discrimination occurred. It can order compensation such as money, reinstatement and/or preventative measures for the future.

Q.3. What is section 67 of the Canadian Human Rights Act?

A. Section 67 essentially exempts the Indian Act from the provisions of the Canadian Human Rights Act by stating that: “Nothing in this Act affects any provision of the Indian Act or any provision made under or pursuant to that Act.”

Q.4. What does section 67 of the Canadian Human Rights Act mean to Aboriginal people living or working on a reserve?

A. The section 67 exemption has the effect of shielding the provisions of the Indian Act and any decisions made or actions taken by band councils and the federal government, made under or pursuant to the Indian Act, from the application of the Canadian Human Rights Act.

Section 67 disproportionately impacts Aboriginal persons, especially those living or working on a reserve. This means that they don't have full access to human rights protection and are unable to file complaints with the Canadian Human Rights Commission alleging discrimination on a prohibited ground arising from actions taken or decisions made under or pursuant to the Indian Act.

Q.5. Whose actions are currently shielded from the Canadian Human Rights Act scrutiny by operation of section 67?

A. Actions carried out by the Government of Canada, band councils or a related agency, such as a school board, are exempted from the application of the Canadian Human Rights Act if the action is done under or pursuant to the Indian Act.

First Nation governments under self-government agreements operate outside of the Indian Act in most areas. Therefore, to the extent that they operate outside the Indian Act, their actions or decisions are not shielded from the Canadian Human Rights Act application by operation of section 67.

Q.6. Why was section 67 included in the Canadian Human Rights Act?

A. This exception was originally adopted in 1977 as a temporary measure as discussions with First Nations people on reform of the Indian Act were underway. It was recognized that the application of the Canadian Human Rights Act to all matters falling under the Indian Act could have resulted in certain provisions of the Indian Act being found discriminatory before discussions with Aboriginal groups had concluded.

Q.7. Why has it taken so long to repeal section 67?

A. There have been several attempts to repeal section 67, each ended as a result of a prorogation or dissolution of Parliament. This Government recognizes that action is long overdue and has introduced legislation to repeal section 67.

Q.8. When will this legislation take effect?

A. Upon receiving Royal Assent, the new legislation will immediately apply to the federal government. 

As First Nations will need time to determine what repeal means for their communities and their band councils, application to First Nation governments will be delayed for six months, however in response to Committee testimony on Bill C-44, the Government intends to move an amendment in Committee to extend the transition period to eighteen months. The Canadian Human Rights Commission will complete their discussions on implementation measures with Aboriginal people and organizations during this period as well as establishing an on-going dialogue about anti-discriminatory practices and/or preventive measures.

Q.9. How do I file a complaint under the Canadian Human Rights Act?

A. To file a complaint with the Canadian Human Rights Commission online, go to the Canadian Human Rights Commission   website.

Or you can contact the Canadian Human Rights Commission by telephone, e-mail, facsimile or mail. The Commission will then contact you to provide basic information about the Commission and the Canadian Human Rights Act, and will inform you if a complaint can be filed with the Commission. If so, the officer will send a kit to you so that a complaint form can be filed. If not, staff will try to suggest another alternative or organization that can help.

Canadian Human Rights Commission
344 Slater Street, 8th Floor
Ottawa, Ontario
K1A 1E1
Telephone: (613) 995-1151
Toll Free: 1-888-214-1090
TTY: 1-888-643-3304
Fax: (613) 996-9661

Q.10. Who can file a complaint once repeal comes into effect?

A. A Canadian citizen, permanent resident or a person who is legally present in Canada can file a complaint. Once section 67 is repealed, any person can file a complaint of discrimination arising from actions taken or decisions made pursuant to the Indian Act, if the alleged discrimination is based on one or more of the 11 prohibited grounds of discrimination under the Canadian Human Rights Act. Usually the person who has experienced the discrimination files the complaint but, in certain cases, it may be filed by a third party, such as a relative or a collective bargaining agent. A human rights complaint can be filed with the Commission if:

• It is against a federally regulated organization, or if the action complained of is authorized by a federal statute.
• It is filed within one year of the alleged events.
• The discrimination is based on one or more of the eleven prohibited grounds.
• The situation is considered a discriminatory practice under the Canadian Human Rights Act.

For more information, visit the Canadian Human Rights Commission website.  

Q.11. How does this relate to the matrimonial real property initiative?

A.These are two initiatives by the Government of Canada to address rights and empower First Nations people.  The Minister of Indian Affairs and Northern Development and Federal Interlocutor for Métis and Non-Status Indians is committed to addressing the issue of the division of matrimonial real property on reserves. It is expected that a legislative solution will be introduced before Parliament in the near future.

For more information, visit the Indian and Northern Affairs Canada website.