The federal government has withdrawn its legislation that would have repealed the exemption for First Nations under the Canadian Human Rights.

It is quite likely the Conservatives decided to remove the legislation over concerns that Opposition amendments to the bill had effectively “watered-down” its individual rights protection. In a past interview with Conservative MP Rod Bruinooge, it was learned that the government was deeply concerned about the amendments proposed by the Opposition parties, arguing that they substantially changed the original intent of their bill, which was a simple repeal. In fact, Bruinooge said that the government had asked the Speaker to rule the amendments out of order.

In a Liberal press release, Liberal Aboriginal affairs critic Anita Neville admitted that the amendments swayed the Conservatives.

“This bill would give First Nations people full rights protection under the Human Rights Act. It is inexcusable that the Conservatives would kill their own legislation because they don’t like some of the amendments passed during the committee process,” said Ms. Neville.

Section 67 was adopted as a temporary measure in 1977 when the Human Rights Act was introduced. Since then, individual First Nations have not been able to launch complaints under the Canadian Human Rights Act.

Neville, however, argued that her party acted in good faith in getting the bill passed.

“Liberal Leader Stéphane Dion has been unequivocally clear in his support for the repeal of section 67. The Liberal Opposition in cooperation with the Opposition parties worked in good faith at committee to bring forward amendments to strengthen the bill. In contrast, the Conservatives have been unprincipled and have chosen to treat this issue as a high stakes partisan game,” said Neville.

Conversely, the Conservatives have claimed that the Liberals have acted in a partisan manner by delaying the bill’s passage as well.

Neville argued that the amendments put forward by the Liberal Opposition are in line with those called for by the majority of the witnesses who appeared before the committee including the Assembly of First Nations and Native Women’s Association. They include a 36- month delay before the Human Rights Act takes force in aboriginal communities, in line with the implementation period recommended by the Canadian Human Rights Commission.

The Conservatives have opposed such a lengthy delay, instead stating that the time for including First Nations in human rights legislation has come.

“The amendments reflected the views of Aboriginal leadership in this country,” said Neville. “The Liberals are willing to support the legislation if the amendments are accepted”.

Last month, the Canadian Human Rights Commission issued a second report calling for the repeal of Section 67.