A/HRC/41/42/Add.1
1970s. According to the Royal Canadian Mounted Police, indigenous women represented
11 per cent of missing women in 2013 and 16 per cent of victims of homicide nationally
between 1980 and 2012. 40 According to estimates, more than half of victims of sex
trafficking are indigenous women and girls. Suicide rates are high among indigenous
people, particularly for young people from First Nations (five to seven times higher than for
non-indigenous young people) and Inuit young people (11 times the national average). 41
75.
Indigenous women are disadvantaged within their societies and at the national level.
They face marginalization, exclusion and poverty because of institutional, systemic,
multiple and intersecting forms of discrimination that have not been addressed adequately
by the State. Universal access to social and community-based services and infrastructure is
not adequate for indigenous people, particularly for those living in rural and remote areas,
where access to safe and clean drinking water, education, health-care facilities, adequate
housing and employment represents a challenge.
76.
The Special Rapporteur welcomes the Action Plan to Prevent Family Violence and
Violent Crimes against Aboriginal Women and Girls (2015–2020), which outlines concrete
action on the prevention of violence, support for victims and protection. The Action Plan,
however, lacks a holistic approach and does not fully address the concerns of the
Committee on the Elimination of Discrimination against Women, which in 2015 found that
indigenous women had been subjected to grave human rights violations and emphasized the
long-lasting social and economic disadvantages, biases and racism in the administration of
justice, policing, data collection, jails and penitentiaries and social programmes
(CEDAW/C/OP.8/CAN/1). Indigenous people in Canada have also been discriminated
against historically, even under the law. The Indian Act is a colonial and patriarchal
document at its core, embedded with historical racial and sex-based discrimination. Its
treatment of First Nations women as secondary to men allows violence to be perpetrated
against them. It works to systemically reduce the number of recognized First Nations
people by discriminating against First Nations women and their descendants, denying them
entitlement to Indian status on the same footing as their male counterparts. This
discrimination and hierarchy among status exacerbates collateral violence within
communities, as well as jurisdictional and logistical barriers for First Nations people to gain
access to services. The 2011 and 2017 reforms to the Indian Act have fallen short of
providing equality to First Nations women and their descendants, which further results in
unequal access to benefits and services.
77.
On several occasions, the Committee on the Elimination of Discrimination against
Women, the Human Rights Committee and the Inter-American Commission on Human
Rights have recognized that sex discrimination in the Indian Act is a root cause of violence
and called for the urgent elimination of the legal provisions that discriminate against First
Nations women and their descendants. Bill S-3 was passed in 2017 in response to the
Descheneaux decision of the Quebec Superior Court, which found that the Indian Act
unjustifiably violated equality rights under the Canadian Charter of Rights and Freedoms.
Because the Senate of Canada insisted that the Government of Canada should go beyond
the requirements of Descheneaux and remove the core discrimination embedded in the sexbased hierarchy between full status (Indian Act, sect. 6 (1) (a)) and partial status (sect. 6 (1)
(c)), the Government included provisions in bill S-3 that would have that effect. Those
provisions, however, were not brought into force in 2017.
78.
The Special Rapporteur welcomes the decision issued on 14 January 2019 by the
Human Rights Committee in favour of Sharon McIvor. The Committee held that the sexbased hierarchy between sections 6 (1) (a) and 6 (1) (c), introduced in the Indian Act and
continued following the amendments of 2011 and 2017, violated the right to equal
protection under the law without discrimination based on sex and violated the equal right of
men and women to the enjoyment of indigenous culture, guaranteed under the International
Covenant on Civil and Political Rights. The Committee also found that Canada was
40
41
14
See www.rcmp-grc.gc.ca/en/missing-and-murdered-aboriginal-women-national-operational-overview.
See www.canada.ca/en/indigenous-services-canada/services/first-nations-inuit-health/healthpromotion/suicide-prevention.html.
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