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On January 11, 2019, the United Nations Human Rights Committee issued its decision on the petition of Sharon McIvor. Sharon McIvor claimed that the Indian Act continues to discriminate against First Nations women and their descendants by denying them full s. 6(1)(a) status on the same footing as their male counterparts. This discrimination is old, dating to the introduction of the Indian Act in 1876 when an “Indian” was defined as “a male Indian, the child of a male Indian, or the wife of a male Indian”. There was a one-parent rule for transmission of status, and the one parent was male. First Nations women who married “out” lost their status and could not transmit status to their children.  By contrast, First Nations men who married “out” conferred their status on...

What Was Said

Respondent Ordered to Put Complainant in the Job He Was Refused

“… the respondent disregarded and showed indifference to the consequences of its actions. As such, it engaged in the discriminatory practice against the complainant recklessly.

However, the evidence did not establish that the respondent's recklessness rose to the level of CBSA's conduct in Johnstone [76 C.H.R.R. D/53], where that party had ignored a previous Tribunal order regarding similar issues of discrimination.”

 

Human Rights Digest 20-1, January 2019