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Balancing Individual and Collective rights: Implementation of section 1.2 of the Canadian Human Rights Act

About the Publication

In June 2008, Parliament removed section 67 of the Canadian Human Rights Act. This gave people governed by the Indian Act full access to human rights law in Canada. At the same time, section 1.2 was added to the Act, giving due regard to First Nations legal traditions and customary laws. What impact will section 1.2 have on the Indian Act? How will we balance individual and collective rights with First Nations legal traditions and customary laws? This report examines how First Nations communities and organizations are to implement section 1.2 of the Canadian Human Rights Act. It suggests areas where the Commission, the Tribunal, First Nations, the federal government, and Parliament might assist in this goal.

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