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Editors --- "Concluding Observations of the Human Rights Committee: Canada - Digest" [2006] AUIndigLawRpr 22; (2006) 10(1) Australian Indigenous Law Reporter 118

CONCLUDING OBSERVATIONS OF THE HUMAN RIGHTS COMMITTEE: CANADA

85th Session, Human Rights Committee

Consideration of Reports Submitted by State Parties under Article 40 of the ICCPR

CCPR/C/CAN/CO/5

1. The Human Rights Committee considered the fifth periodic report of Canada (CCPR/C/CAN/2004/5) at its 2312th and 2313th meetings (CCPR/C/SR.2312-2313), on 17 and 18 October 2005, and adopted the following concluding observations at its 2328th and 2330th meetings (CCPR/C/SR.2328 and 2330), on 27 and 28 October 2005.

A. Introduction

2. The Committee welcomes the timely submission of Canada’s fifth periodic report, which was elaborated in conformity with the reporting guidelines, and contains information on national jurisprudence and relating to the Committee’s previous concluding observations.

3. The Committee further appreciates the attendance of a delegation composed of experts in various fields relevant to the Covenant, some of them coming from Provinces, and welcomes their efforts to answer to the Committee’s written and oral questions.

B. Positive Aspects

4. The Committee notes with appreciation that Canada acceded to the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women in 2002, and ratified the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography in 2005.

5. The Committee appreciates the fact that Canada has a vigorous civil society, which plays an important role in the promotion of human rights, both at the national and international level.

…

C. Principal Subjects of Concern and Recommendations

22. The Committee notes with concern that the Canadian Human Rights Act cannot affect any provision of the Indian Act or any provision made under or pursuant to that Act, thus allowing discrimination to be practiced as long as it can be justified under the Indian Act. It is concerned that the discriminatory effects of the Indian Act against Aboriginal women and their children in matters of reserve membership has still not been remedied, and that the issue of matrimonial real property on reserve lands has still not been properly addressed. While stressing the obligation of the State party to seek the informed consent of indigenous peoples before adopting decisions affecting them and welcoming the initiatives taken to that end, the Committee observes that balancing collective and individual interests on reserves to the sole detriment of women is not compatible with the Covenant (articles 2, 3, 26 and 27).

The State party should repeal section 67 of the Canadian Human Rights Act without further delay. The State party should, in consultation with Aboriginal peoples, adopt measures ending discrimination actually suffered by Aboriginal women in matters of reserve membership and matrimonial property, and consider this issue as a high priority. The State party should also ensure equal funding of Aboriginal men and women associations.

The full text of this document is available online at

<http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/CCPR.C.CAN.CO.5.En?OpenDocument> . The full text of the International Covenant on Civil and Political Rights is available online at <http://www.unhchr.ch/html/menu3/b/a_ccpr.htm> .