Human Rights Handbook for First Nations

human rights handbook for first nations

This report is also available in .pdf format


Table of Contents

1. Introduction

1.1 Who this Handbook is for
1.2 Purpose of this Handbook
1.3 Legislation
1.4 Jurisdiction
1.5 The Commission and the Tribunal

2. Discrimination and Human Rights Law

2.1 What is Discrimination
2.2 Grounds of Discrimination
2.3 Discriminatory Practices
2.4 Elements of a Discrimination Complaint
2.5 Responses to a Discrimination Complaint
2.6 Duty to Accommodate
2.7 Undue Hardship

3. Ways to Prevent Discrimination and Respect Human Rights

3.1 Encourage Leadership Commitment
3.2 Review the Human Rights Aspects of Your Organization’s Operations
3.3 Develop Human Rights Protection Policies
3.4 Examine Your Infrastructure (Physical Assets
3.5 Provide Human Rights Training
3.6 Talk to the Community about Human Rights
3.7 Deal with Discrimination Informally

4. The Commission’s Dispute Resolution Process

4.1 Stage One: Before a Formal Complaint is Filed
4.2 Stage Two: After a Formal Complaint is Filed
4.3 Stage Three: After the Commission’s Decision
4.4 Judicial Review

5. Preparing a Response to a Discrimination Complaint

5.1 Planning Your Response
5.2 Steps for Preparing a Response
5.3 Making First Nation Legal Traditions and Customary Laws Part of the Process
5.4 Aboriginal and Treaty Rights

6. Community-based Dispute Resolution Processes

6.1 What is a Community-based Dispute Resolution Process
6.2 Why should First Nations have their own Community-based Dispute Resolution Processes?
6.3 Approaches to Community-based Dispute Resolution
6.4 Guiding Principles for Developing Community-based
Dispute Resolution Processes

6.5 Developing a Community-based Dispute Resolution Process
6.6 Financing a Community-based Dispute Resolution Process
6.7 The Commission’s Role

Appendix A:

Appendix B:
Human Rights Readings and Resources

Appendix C:
The Repeal of section 67 of the Canadian Human Rights Act

Appendix D:
Checklist to Prevent Discrimination and Respect Human Rights

Appendix E:
Provincial and Territorial Human Rights Agencies

Appendix F:
Checklist for Responding to a Discrimination Complaint


© Minister of Public Works and Government Services
Cat. No. HR4-10/2011E
ISBN 978-1-100-18559-0

This publication is available in alternative formats on the Commission’s website at:

This Guide is not intended as legal advice. Consultation with legal advisors is
recommended when developing human rights protection policies or responding
to discrimination complaints.