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: McIvor UN Petition

To read Canada’s Response to the McIvor Petition click here: Canada’s Response to the McIvor Petition

To read the Petitioners’ Comments on Canada’s Response click here: Petitioners’ Comments

To read the Affidavit of Grand Chief Stewart Philip, Supporting the McIvor Petition click here: Affidavit of Grand Chief Stewart Philip Supporting the McIvor 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

Women and the Canada Social Transfer: Securing the Social Union

phrc — Mon, 30 May 2011 23:54:48 +0000

Gwen Brodsky & Shelagh Day, Women and the Canada Social Transfer: Securing the Social Union, (Ottawa: Status of Women Canada, 2007)

Human Rights and Poverty: A Twenty-First Century Tribute to J.S. Woodsworth and a Call for Human Rights

phrc — Mon, 30 May 2011 23:52:25 +0000

Gwen Brodsky, “Human Rights and Poverty: A Twenty-First Century Tribute to J.S. Woodsworth and a Call for Human Rights, in Human RIghts, Human Welfare and Social Activism: Rethinking the Legacy of J.S. Woodsworth, J. Pulkingham ed., (Toronto:U of T Press, 2010)

The Subversion of Human Rights by Governments in Canada

phrc — Mon, 30 May 2011 23:46:41 +0000

Gwen Brodsky, “The Subversion of Human Rights by Governments in Canada” in M. Young, S. Boyd, G.Brodsky and S. Day, eds. Poverty: Rights, Social Citizenship and Legal Activism (Vancouver: UBC Press, 2007)

Access to Justice at Issue in R v. Caron

phrc — Mon, 30 May 2011 23:19:07 +0000

The Poverty and Human Rights Centre intervened as a member of the Equality Rights Coalition in the Supreme Court of Canada case R v. Caron 2011 SCC 5. The other members of the coalition were the Council of Canadians with Disabilities, the Charter Committee on Poverty Issues and the Women’s Legal Education and Action Fund. The case concerned the proper criteria for the exercise of judicial discretion to award advance costs in constitutional litigation. This case involved vital issues related to access to justice, particularly for persons seeking to enforce their Charter rights. The Supreme Court recognized that lower courts have the inherent jurisdiction to grants costs in order to prevent an injustice, and to come to the aid of an inferior court to enable the latter to administer justice fully and effectively. To view the decision of the Supreme Court of Canada please visit: Supreme Court of Canada: R v. Caron

To see the PHRC’s factum follow this link: PHRC Caron Factum

The PHRC discussed the implications of the case with the Lawyer’s Weekly. To view their article, click on the link: Funding orders must be exceptional, says the Supreme Court

Victoria (City) v. Adams: Advancing the Right to Shelter

phrc — Mon, 30 May 2011 16:32:55 +0000

Victoria (City) v. Adams is an important B.C. case about social and economic rights. The issue in this case was whether a City bylaw which required homeless people to remove tents and any overhead protection, while sleeping in Cridge Park, violated their right to life, liberty and security of the person. This is a key case in the development of protections for poor and homeless people in Canada.

After a loss in the British Columbia Supreme Court, the City appealed to the British Columbia Court of Appeal. The Poverty and Human Rights Center was granted status to intervene. The Centre filed a factum and made oral submissions arguing for an interpretation of s. 7 of the Charter as including a right to adequate housing, consistent with international law norms. The Court of Appeal agreed with the lower court that an absolute prohibition on the erection of a temporary overnight shelter violates the Charter. To view the Court of Appeal decision, follow the link provided below.

Victoria (City) v. Adams: Advancing the Right to Shelter is one in a series of law sheets produced by the Poverty and Human Rights Centre that are focused on the domestic enforcement of social and economic rights. The law sheets are intended to assist lawyers, front line advocates, and non-governmental organizations who rely on the human rights framework in their advocacy before tribunals and courts, to assist members of vulnerable groups. This law sheet describes the issues in the Adams case and the role of international human rights law in the decision.

To view the British Columbia Court of Appeal decision follow this link: British Columbia Court of Appeal: Adams v. Victoria (City)

To view PHRC’s factum click here: PHRC Adams Factum

To view the Law Sheet click here: Victoria (City) v. Adams: Advancing the Right to Shelter (PDF)

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)