Canada ( Human Rights Commission ) v. Gordon Band Council
T-4-97
Gibson J.
30/12/97
14 pp.
Human rights-Housing discrimination against Indian women married to non-Indians-Application to set aside Canadian Human Rights Tribunal (CHRT) decision dismissing complaint of respondent, Mrs. Laslo, against Gordon Band Council (Council) on grounds of discrimination on basis of sex, race and marital status-Respondent, born member of Gordon Band (Band), lost Indian status and certain rights as Band member when, in 1978, married non-Indian-Regained status and Band membership in 1985 following coming into effect of Charter, s. 15 and consequential amendments to Indian Act-Respondent applied to Band for new housing on reserve in each year from 1985 to 1992 but never obtained any-Complaint filed with HRC-CHRT found respondent discriminated against, on prohibited grounds-However, CHRT concluded did not have jurisdiction to remedy discrimination as Band decision made pursuant to Indian Act, s. 20, and Human Rights Act, s. 67 precluding jurisdiction where Indian Act or any provision made thereunder affected-Application allowed-Discrimination, if such it be, did not emanate from Council decisions-No evidence decisions taken in accordance with Indian Band Council Procedure Regulations (Regulations) or were reflection of Indian Act or policy envisioned by Act-Rather, discrimination apparently result of priorizing decisions of 5-person Housing Authority Committee in light of Band Housing Policy-Source of housing policy not clear-Such course of conduct or decisions not amounting to provisions made under Indian Act that would trigger application of CHR Act, s. 67-In Shubenacadie Indian Band v. Canada (Human Rights Commission), [1998] 2 F.C. 198 (T.D.); Desjarlais (Re), [1989] 3 F.C. 605 (C.A) followed and CHR Act, s. 67 interpreted in restrictive manner-On evidence, decisions herein not taken by Council or in accordance with Regulations-On facts, therefore, Act, s. 67 cannot be said to assist Band herein-CHRT erred in law, in reviewable manner in concluding as it did-Indian Act, R.S.C., 1985, c. I-5, s. 20-Canadian Human Rights Act, R.S.C, 1985, c. H-6, s. 67-Indian Band Council Procedure Regulations, C.R.C., c. 950.