povertyandhumanrights.org

McIvor v. Canada

phrc — Fri, 19 Aug 2011 01:21:11 +0000

For decades Aboriginal women in Canada have sought justice in the courts and remedial action by legislators in an effort to bring an end to the sex discrimination in the status registration provisions of the Indian Act, but they have not yet succeeded in securing full recognition of their rights. Sharon McIvor, an indigenous woman and successor to Jeannette Lavell and Yvonne Bédard, launched her sex equality challenge to the Indian Act in 1989, suing the federal government under s. 15 of the Charter.

In 2007, after a full trial, the British Columbia Supreme Court issued a decision that was a complete victory for the plaintiffs. However, following an appeal by the federal government her victory was substantially narrowed. Subsequent legislative reform by the government of Canada left most of the sex discrimination in the status registration provisions in place. The McIvor petition to the United Nations Human Rights Committee, filed in 2010, has been necessitated by the longstanding failure of Canada to fully and finally eliminate sex discrimination from the legislative regime for registration as a status Indian.

Gwen Brodsky is counsel to Sharon McIvor and her son Jacob Grismer.

To view background materials below click on the links:

UN PETITION

To read the McIvor Petition to the United Nations Human Rights Committee please click here: PHRC’s McIvor UN Petition

COURT DECISIONS

BC Supreme Court decision on the merits of the constitutional claim

BC Court of Appeal decision on the merits of the constitutional claim

PARLIAMENTARY PROCESS

House of Commons

First Reading

Introduction and First Reading 2010-03-11

HANSARD

VIDEO

Second Reading

Second Reading and Referral to Committee 2010-03-26, 2010-03-29

HANSARD:

VIDEO:

Committee Stage

Standing Committee on Aboriginal Affairs and Northern Development

The details of the Committee meetings, as well as webcasts of the Committee hearings are well laid-out on the Committee’s website at: Website of the Committee on Aboriginal Affairs and Northern Development

Committee Report Presented 2010-04-29

HANSARD

VIDEO

REPORT

Speaker’s Rulings

Speaker’s Ruling on Committee Amendments 2010-05-11

HANSARD

VIDEO

Report Stage

Concurrence at Report Stage 2010-05-25, 2010-10-26

HANSARD:

VIDEO:

Third Reading

Third Reading 2010-11-22

HANSARD

VIDEO

Senate

First Reading

First Reading 2010-11-23

HANSARD

Second Reading

Second Reading, Referral to Committee 2010-11-25

HANSARD

Committee

Standing Senate Committee on Human Rights

TRANSCRIPT OF EVIDENCE 2010-11-29 (November 29): TRANSCRIPT

TRANSCRIPT OF EVIDENCE 2010-12-06 (December 6): TRANSCRIPT

VIDEO:

November 29th

December 6th

Committee Report Presented 2010-12-07

without amendment but with observations

HANSARD

REPORT

Third Reading

Third Reading 2010-12-08, 2010-12-09

HANSARD:

December 8th

December 9th

Royal Assent

Royal Assent Statutes of Canada: 2010, c. 18 2010-12-15

HANSARD

For further information about the Parliamentary process surrounding Bill C-3 please visit: Bill C-3 on LegisINFO

Nothing to report: Submission of the B.C. CEDAW Group

phrc — Wed, 07 Apr 2010 20:37:20 +0000

THE B.C. CEDAW GROUP IS A COALITION of women’s non-governmental and non-profit British Columbia organizations that are committed to advancing the equality interests of women and girls.

THE B.C. CEDAW GROUP MADE SUBMISSIONS to the United Nations Committee on the Elimination of Discrimination against Women at the time of its reviews of Canada in 2003 and 2008.

THE B.C. CEDAW GROUP ALSO MADE SUBMISSIONS to the Committee on Economic, Social and Cultural Rights in 2006, and participated in the preparation of the Canadian non-governmental report for the United Nations Human Rights Council’s Universal Peri-

odic Review of Canada in 2009.

THE GOAL OF THE COALITION is to ensure that governments in British Columbia comply with their human rights obligations to women.

Nothing to Report

PHRC Intervenes to Support Homeless People

phrc — Tue, 09 Jun 2009 15:47:17 +0000

The Poverty and Human Rights Centre is intervening to to support homeless people in the Tent City Case. The appeal will be heard in the British Columbia Court of Appeal on June 10 and 11, 2009. The PHRC was granted leave to intervene on April 3, 2009, by Groberman J.A. of the BCCA. The PHRC position is set out in the factum.

PHRC Adams Factum

Inaction and Non-compliance: British Columbia’s approach to Women’s Inequality

phrc — Mon, 07 Apr 2008 20:49:32 +0000

Submission of the B.C. CEDAW Group to the United nations Committee on the Elimination of Discrimination Against Women
on the occasion of the Committee’s review of Canada’s 6th & 7th reports.

The B.C. CEDAW Group is a coalition of women’s non-governmental and non-profit British Columbia organizations that are committed to advancing the equality interests of women and girls. The coalition first came together in 2002 to prepare a submission on the province of British Columbia to the United Nations Committee on the Elimination of Discrimination against Women, on the occasion of the Committee’s review of Canada’s fifth report under the United Nations Convention on the Elimination of All Forms of Discrimination against Women.

The B.C. CEDAW Group re-formed in 2008 to prepare this submission for the review of Canada’s Sixth and Seventh reports under the United Nations Convention on the Elimination of All Forms of Discrimination against Women.

Inaction and Inequality

The Role of International Social and Economic Rights in the Interpretation of Domestic Law in Canada

phrc — Fri, 01 Feb 2008 19:47:37 +0000

This Law Sheet, produced by the Poverty and Human Rights Centre, is concerned with the role that international human rights law can play in the interpretation of the Canadian Charter of Rights and Freedoms and other laws in Canada. It is intended to assist lawyers in their advocacy work before courts and tribunals. It is also intended to assist non-governmental organizations who rely on the human rights framework in their work to assist members of vulnerable groups. It is specifically focused on the domestic enforcement of social and economic rights.

For the United Nations human rights treaties there are two levels of adjudication and enforcement. First, United Nations treaty bodies review the compliance of countries that have ratified the treaties and receive and adjudicate petitions or complaints under the treaty. Secondly, within Canada, courts and tribunals provide another avenue for adjudication and enforcement of Canada’s obligations under international human rights law. this Law Sheet is focused on the second level. It explores how to use international human rights law in Canadian courts and tribunals.

The Role of International Social and Economic Rights in the Interpretation of Domestic Law in Canada (PDF)

Human rights treaty implementation: The Consensus on Canada

phrc — Mon, 01 Jan 2007 23:12:45 +0000

This Law Sheet identifies overlapping areas of human rights treaty obligation in which

various international monitoring bodies have found Canada’s performance to be

unsatisfactory. The extent of the consensus regarding Canada’s non-compliance with its

human rights obligations in particular areas, that exists among the international monitoring

bodies applying different treaties, serves to highlight some of the work that Canadian

governments must attend to urgently, if Canada is to maintain its reputation as a rightsrespecting

nation.

This Law Sheet identifies overlapping areas of human rights treaty obligation in which various international monitoring bodies have found Canada’s performance to be unsatisfactory. The extent of the consensus regarding Canada’s non-compliance with its human rights obligations in particular areas, that exists among the international monitoring bodies applying different treaties, serves to highlight some of the work that Canadian governments must attend to urgently, if Canada is to maintain its reputation as a rights respecting nation.

Human rights treaty implementation: The Consensus on Canada

Human Rights Denied: Single Mothers on Social Assistance

phrc — Mon, 25 Apr 2005 22:51:23 +0000

Human Rights Denied documents the very difficult conditions in which single mothers
are raising their children in British Columbia today. It is a call for the Government of British Columbia to abandon its current policies – because they are a cruel failure.

Human Rights Denied: Single Mothers on Social Assistance

Gosselin v. Attorney General (Quebec): Autonomy with a Vengeance (2004)

phrc — Sun, 01 Aug 2004 16:22:41 +0000

In Gosselin v. Quebec (Attorney General), the first poverty case under the Canadian Charter of Rights and Freedoms to reach the Supreme Court of Canada, the Court ruled against the applicant, Louise Gosselin and the class of social assistance recipients she represented. The decision is deeply divided, and the majority decision turns on a finding that the evidence was insufficient. Therefore, as precedent, the outcome of the Gosselin case may not be particularly significant. However, the majority’s assessment of the evidence is unpersuasive. The challenged social assistance regulation embodied a negative stereotype of young men and women who are reliant on social assistance, which, sadly, the majority of the Court embraced.

The majority decision contrasts sharply with powerful dissents of other judges who found that reducing social assistance for young adults in need to a below subsistence level violated ss. 7 and 15 of the Canadian Charter as well as s. 45 of the Quebec Charter of Rights and Freedoms.

Gosselin v. Attorney General (Quebec): Autonomy with a Vengeance (2004)

Take The Welfare Time Limit Off the Books

phrc — Fri, 02 Jul 2004 19:18:16 +0000

The Government of British Columbia now says that, over the next year, only 339 people will be affected by the 24-month time limit on welfare––the rule intended to limit “employable” welfare recipients to two-years of support during any five year period.

On Friday, the Government created a new exemption––the 25th. Now those who follow their employment plans and are seeking work will be exempted from the 24-month time limit. Though this is an encouraging development, the Government still has to go the full course and remove the time limit from the books.

Take The Welfare Time Limit Off the Books

Letter to the Prime Minister and BC Premier on welfare time limits

phrc — Thu, 05 Feb 2004 03:43:44 +0000

A letter written to Prime Minister Paul Martin and Premier Gordon Campbell, endorsed by 137 organizations, asking them to act immediately, together and separately, to ensure that legislation which imposes a twenty-four month time limit on eligibility for welfare in B.C. is rescinded before April 1, 2004, and that no similar provision is implemented in B.C. or any other province in future.

act immediately, together and separately, to ensure that

legislation which imposes a twenty-four month time limit on eligibility for welfare in

B.C. is rescinded before April 1, 2004, and that no similar provision is implemented in

B.C. or any other province in future.

Letter to the Prime Minister Paul Martin and Premier Gordon Campbell (February 2004)