Developing Understanding

The Commission proactively informs and influences public debate. Our research supports and stimulates constructive discussions with stakeholders to increase understanding of how human rights can be integrated into daily practice.

The issues highlighted within this section represent some of the current and emerging human rights challenges shaping Canadian society.

Aboriginal Issues

First Nations people continue to be denied the protection from discrimination that other citizens take for granted – an unacceptable situation in a free and democratic society that values fundamental human rights.

Canada’s Response to the United Nations Declaration on the Rights of Indigenous Peoples

The passage of the Declaration on the Rights of Indigenous Peoples on September 13, 2007, marked a milestone for the world’s indigenous peoples, and for the United Nations.

The Declaration affirms that indigenous peoples are entitled to all human rights recognized in international law, without discrimination. It sets out their individual and collective rights, including those related to culture, identity, language, employment, health, education, land and resources. The Declaration emphasizes the rights of indigenous peoples to maintain and strengthen their institutions, cultures and traditions in keeping with their needs and aspirations.

While the Declaration is not legally binding, it represents "a standard of achievement to be pursued in a spirit of partnership and mutual respect."

Canada had been a longstanding supporter of the Declaration during the course of its development, and the Commission regrets that the Government of Canada felt unable to support its adoption at the final stages.

The Commission urges governments and First Nations leaders to work together in finding innovative ways to advance the principles of the Declaration, and to achieve the standards set therein. This includes addressing pressing concerns in areas such as child poverty; access to potable water, adequate housing, education, and employment opportunities; the resolution of land claims; and the extension of full human rights protection – all of which allow individuals to contribute to society and to live with dignity.

National Aboriginal Initiative: Repealing Section 67

The Commission’s Aboriginal Initiative aims to strengthen relations with Aboriginal peoples, and coordinates Commission activity relating to First Nations and other Aboriginal issues.

A priority for this initiative in 2007 was to continue calling for the repeal of section 67 of the Canadian Human Rights Act – the section that denies First Nations citizens full access to human rights redress under the CHRA.

By appearing before the Standing Committee on Aboriginal Affairs and Northern Development in April and June, the Commission contributed its expertise to the dialogue on repeal. The dialogue that has begun is just the beginning of a much larger process required to prepare for repeal.

The Commission and First Nations groups have started on a path of listening and learning – the key to building, designing and implementing an effective Aboriginal human rights system – to support the repeal of section 67.

Information on the CHRA and the implications of repeal in communities has been provided through media interviews, presentations at conferences organized by First Nations partners and meetings with First Nations leaders. In support of these activities, the Commission established a new section on its website, conducted targeted mail-outs to more than 35 groups representing Aboriginal stakeholders across the country, and opened communication with each group through the Commission’s regional offices.

Amongst the many stakeholders, there is not one unique shared vision of how repeal is to be implemented. Yet there is a strong, and growing, consensus that repeal must occur:

• The Assembly of First Nations supports human rights principles generally, and has suggested significant amendments to the proposed legislation to protect the collective rights of First Nations communities.
• The Native Women’s Association of Canada supports the principle of repeal, and insists that effective community consultation and capacity building will be necessary.
• The Congress of Aboriginal peoples has championed the need for repeal, and has included human rights as an element of a cross-country informational campaign.

The voices of other stakeholders – representatives of interested First Nations, leaders of Aboriginal women’s organizations, and individual members of First Nations communities – have further enriched this dialogue. The Commission will continue to offer its leadership to guide a collaborative approach amongst the Commission, First Nations and government in planning for the implementation of repeal.

Alternative Dispute Resolution in Aboriginal Contexts: A Critical Review

In preparation for the Government of Canada’s hearings on the repeal of section 67, the Commission published a report that assessed alternative redress mechanisms in Aboriginal contexts.

This research identifies and acknowledges those Aboriginal dispute resolution mechanisms – already in place or under development – that can inform the development of the Commission’s own future practices for resolving human rights issues that arise within Aboriginal communities.

Three modes of alternative dispute resolution processes are identified in the report. One mode involves Western-based options such as negotiation, mediation, conciliation, and arbitration. A second mode involves indigenous processes, which call for resolving disputes according to the culture and custom of the indigenous party involved. A third mode is a combination of the two.

These three approaches share similar challenges. Whether using an indigenous practice, a Western option, or some combination of the two, issues of power, cultural differences, and language barriers need to be addressed.

Disability

Disputes related to the ground of disability remain the largest proportion of complaints received by the Commission. This is in spite of the fact that most federal employers and service providers are developing accommodation strategies to ensure compliance with the Canadian Human Rights Act.

The Commission is conducting research focused on barriers faced by people with disabilities, and on the effectiveness of the Commission’s dispute resolution mechanisms for this community. It will also assess the Commission’s effectiveness in responding to issues of systemic discrimination, and identify outstanding systemic barriers so that proactive and preventive strategies to remove those barriers can be developed.

Convention on the Rights of Persons with Disabilities

Disability gained visibility in international law on March 30, 2007, when 81 countries signed the United Nations Convention on the Rights of Persons with Disabilities.

A major milestone in the evolution of human rights, the Convention entrenches in international law the rights of the world’s 600 million persons with disabilities.

The Government of Canada showed commendable leadership during both the drafting and signing of the Convention. Now, for the Convention to come into force, ratification by 20 countries is required, 14 of which had done so by the end of 2007. The Commission calls for the Government of Canada to continue its leadership by completing consultations with the provinces and territories and ratifying the Convention.

The Commission also contributed to the drafting of the Convention, attending the UN drafting session as part of the delegation of members of the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights (ICC).

The Convention includes new and innovative provisions for monitoring domestic implementation of the Convention, including a potential role for human rights institutions. The Commission intends to offer its expertise to Government to ensure effective implementation of the Convention.

A Guide for Managing the Return to Work

Absences due to disability or illness are among the most challenging human resource situations facing employers today. Statistics show that costs generated by disability and income programs for persons with disabilities are steadily rising, as are productivity losses. And, when employees return to the workforce after a prolonged absence, they may face difficulties that give rise to complaints to the Commission. Sensitive to these concerns, the Commission has produced a guide to help employers properly manage these cases so that employees can return to work safely, quickly and efficiently.

Environmental Sensitivities

The need to accommodate environmental sensitivities continues to gain recognition, yet the condition is still misunderstood. Two Commission reports released this year explore the legal and medical aspects of environmental sensitivities. These reports summarize scientific literature about the medical aspects of environmental sensitivities, and offer guidelines for accommodation that may prevent discrimination and reduce health and safety risks in the workplace.

The reports have received positive reactions from a broad spectrum of stakeholders: individuals with environmental sensitivities, organizations, foreign governments, lawyers, workers’ compensation boards, public health departments, physicians and other health care practitioners, and professors of medicine.

No Alternative: A Review of the Government of Canada’s Provision of Alternative Text Formats for People Who Are Blind, Deaf-Blind or Visually Impaired

The Government of Canada is increasingly seeking the views and participation of Canadians in the development and delivery of policies and programs. Engaged citizens read pertinent information on federal websites and order print copies of publications and brochures.

No Alternative provides objective baseline data on the availability, accessibility, effectiveness and quality of documents in alternative formats provided by federal institutions. It also makes recommendations for improving the provision and quality of documents in alternative formats for people who are blind, deaf-blind or visually impaired.