LEAF logo
LEAF logo
DONATE
MENU
LEAF logo

Contact

DONATE
Informations en français
  • English
  • Français
  • About
    • Our Story
    • Mission & Vision
    • Staff
    • Board
    • Law Program Committee
    • FAQs
    • Employment Opportunities
    • Student Positions
  • Cases and Law Reform
    • Our Work
    • Issue Areas
      • Reproductive Justice
      • Indigenous Rights and Law
      • Identity-Based Oppression
      • Hate Speech and Online Hate
      • Sexual Assault and Consent Law
      • Gender-Based Violence
      • Access to Justice
      • Workplace Rights
      • Socio-Economic Rights
      • Family Law
    • Search Cases & Submissions
    • Current Work
      • Basic Income Project
      • LEAF’s Feminist Strategic Litigation Project
      • LEAF’s Technology-Facilitated Violence (TFV) Project
      • National Abortion Access Framework
      • Reproductive Justice Project
    • Past Projects
    • Legal Resources
  • Education
    • Overview
    • Workshops, trainings & webinars
    • Factsheets & infographics
  • News & Events
    • Search News & Events
    • Events
  • Publications
    • Search Publications
    • Working Papers
    • Reports
    • Annual Reports
  • Regional Branches
    • Overview
    • LEAF Edmonton
    • LEAF Halifax
    • LEAF Hamilton
    • LEAF Kingston
    • LEAF Ottawa
    • LEAF Québec
    • LEAF Thunder Bay
    • LEAF Toronto
    • LEAF Windsor
  • Get Involved
    • Ways to Get Involved
    • Donate
    • Join a Branch
    • Volunteer
    • Become a LEAF Pro Bono Lawyer
    • Partner with LEAF
Menu
  • About
    • Our Story
    • Mission & Vision
    • Staff
    • Board
    • Law Program Committee
    • FAQs
    • Employment Opportunities
    • Student Positions
  • Cases and Law Reform
    • Our Work
    • Issue Areas
      • Reproductive Justice
      • Indigenous Rights and Law
      • Identity-Based Oppression
      • Hate Speech and Online Hate
      • Sexual Assault and Consent Law
      • Gender-Based Violence
      • Access to Justice
      • Workplace Rights
      • Socio-Economic Rights
      • Family Law
    • Search Cases & Submissions
    • Current Work
      • Basic Income Project
      • LEAF’s Feminist Strategic Litigation Project
      • LEAF’s Technology-Facilitated Violence (TFV) Project
      • National Abortion Access Framework
      • Reproductive Justice Project
    • Past Projects
    • Legal Resources
  • Education
    • Overview
    • Workshops, trainings & webinars
    • Factsheets & infographics
  • News & Events
    • Search News & Events
    • Events
  • Publications
    • Search Publications
    • Working Papers
    • Reports
    • Annual Reports
  • Regional Branches
    • Overview
    • LEAF Edmonton
    • LEAF Halifax
    • LEAF Hamilton
    • LEAF Kingston
    • LEAF Ottawa
    • LEAF Québec
    • LEAF Thunder Bay
    • LEAF Toronto
    • LEAF Windsor
  • Get Involved
    • Ways to Get Involved
    • Donate
    • Join a Branch
    • Volunteer
    • Become a LEAF Pro Bono Lawyer
    • Partner with LEAF
Home / Cases and Law Reform / Search Cases & Submissions

Case Summary

Canada (Human Rights Commission) v. Canada (A.G.) (2018)

This case concerned sex discrimination in the Indian Act.  

LEAF, in partnership with the Native Women’s Association of Canada (NWAC), appealed to the Supreme Court of Canada.  

Facts 

Two complainants filed complaints with the Canadian Human Rights Commission (the Commission), arguing that the legislative entitlements to registration under the Indian Act were discriminatory practices prohibited by the Canadian Human Rights Act (the CHRA). The Canadian Human Rights Tribunal (the Tribunal) held that the proper venue to challenge the discriminatory denial of Indian status is not under human rights legislation, but under the Charter in a court of law. Both the Federal Court and the Federal Court of Appeal found that the Tribunal decisions were reasonable and upheld them. The Commission appealed to the Supreme Court of Canada.  

Arguments 

LEAF and NWAC argued that the Tribunal’s decision created significant barriers to accessing justice, and to equality for human rights complainants, particularly First Nations women who experience sex discrimination under the Indian Act. First Nations women should be able to choose to proceed through either the human rights tribunal system or the court system to challenge sex discrimination in the Indian Act.  

First Nations women have long been subject to sex discrimination under the registration provisions of the Indian Act, which has denied First Nations women access to services, benefits, and cultural identity and belonging. LEAF and NWAC’s argument outlined the historic failure of the Court system in remedying this discrimination: First Nations women such as Mary Two–Axe Early, Jeannette Corbiere Lavell, Yvonne Bedard, Sandra Lovelace, Sharon Donna McIvor, and more recently,  Lynn Gehl were forced to engage in lengthy, expensive and difficult struggles for equality under the Indian Act, in the Canadian court system and at international rights bodies, none of which eradicated the sexist registration rules altogether. 

Outcome 

The Supreme Court dismissed the appeal. The Court endorsed a narrow interpretation of the CHRA, and the corresponding role of the Tribunal. This limited the capacity of First Nations women to challenge the sexist registration provisions in the Indian Act. The Court also endorsed the finding of the Tribunal that its statute does not allow it to consider challenges to the discriminatory registration provisions in the Indian Act. 

LEAF is grateful to Mary Eberts, Kim Stanton, and Virgina Lomax, counsel in this case, as well as Nadia Effendi, Ottawa agent for LEAF and NWAC.

Download the factum here.  

Read the Supreme Court of Canada’s decision here. 

Our records are imperfect, but we are doing our best to update them – if you were involved with LEAF on this case but your name is not reflected here, please email us at [email protected].    

Case Documents

October 5, 2017
Supreme Court of Canada Factum

Case News

Loading...

Jun 15, 2018

Supreme Court of Canada Decision Disappointing for Equality Rights and Access to Justice in Canadian Human Rights Commission v. Attorney General of Canada

Nov 28, 2017

LEAF and NWAC appear at the Supreme Court of Canada to fight for Indigenous women’s access to justice
Help us promote gender equality
Donate to support equality

Search Cases & Submissions

  • Issue Area

  • Type

  • By Date

  • Keyword

  • Reset search
Help us promote gender equality
Donate to support equality

Stay up to date on feminist law and LEAF’s work to advance gender equality



Related Project

Loading...
harry-thaker-wIcwpfuC8Wg-unsplash
Past Project
Legal Strategy Coalition on Violence Against Indigenous Women (LSC)

Related Cases

Loading...

R. v. Sharma (2020, 2022)

This case concerned the over-incarceration of Indigenous women.

Canada (Human Rights Commission) v. Canada (A.G.) (2018)

This case concerned sex discrimination in the Indian Act.
More Cases

Related Cases

Loading...

R. v. Sharma (2020, 2022)

This case concerned the over-incarceration of Indigenous women.

R. v. Barton (2017, 2019)

This case concerned the use of racist and sexist stereotypes about Indigenous women in criminal trials.
More Cases

Related Issue Area

Loading...

Indigenous Rights and Law

Case Summary

Canada (Human Rights Commission) v. Canada (A.G.) (2018)

Sidebar Placeholder

LEAF_FAEJ_hz_names_colour_rgb_rev
Donate to support equality

National Office
180 Dundas Street West, Suite 1420
Toronto, ON M5G 1Z8
[email protected]
Phone: 416.595.7170
Toll-free: 1.888.824.5323
Facsimile: 416.595.7191

Stay up to date on feminist law and LEAF’s work to advance gender equality



LEAF_FAEJ_hz_names_colour_rgb_rev

National Office
180 Dundas Street West, Suite 1420
Toronto, ON M5G 1Z8
[email protected]
Phone: 416.595.7170
Toll-free: 1.888.824.5323
Facsimile: 416.595.7191

Charitable Registration Number: 10821 9916 RR0001

Facebook-f Twitter Instagram

Stay up to date on feminist law and LEAF’s work to advance gender equality



Donate to support equality

© 2020 Women’s Legal Education & Action Fund (LEAF). All rights reserved. | Legal & Privacy | Accessibility | Website by Affinity Bridge

MENU

  • About
    • Our Story
    • Mission & Vision
    • Staff
    • Board
    • Law Program Committee
    • FAQs
    • Employment Opportunities
    • Student Positions
  • Cases and Law Reform
    • Our Work
    • Issue Areas
      • Reproductive Justice
      • Indigenous Rights and Law
      • Identity-Based Oppression
      • Hate Speech and Online Hate
      • Sexual Assault and Consent Law
      • Gender-Based Violence
      • Access to Justice
      • Workplace Rights
      • Socio-Economic Rights
      • Family Law
    • Search Cases & Submissions
    • Current Work
      • Basic Income Project
      • LEAF’s Feminist Strategic Litigation Project
      • LEAF’s Technology-Facilitated Violence (TFV) Project
      • National Abortion Access Framework
      • Reproductive Justice Project
    • Past Projects
    • Legal Resources
  • Education
    • Overview
    • Workshops, trainings & webinars
    • Factsheets & infographics
  • News & Events
    • Search News & Events
    • Events
  • Publications
    • Search Publications
    • Working Papers
    • Reports
    • Annual Reports
  • Regional Branches
    • Overview
    • LEAF Edmonton
    • LEAF Halifax
    • LEAF Hamilton
    • LEAF Kingston
    • LEAF Ottawa
    • LEAF Québec
    • LEAF Thunder Bay
    • LEAF Toronto
    • LEAF Windsor
  • Get Involved
    • Ways to Get Involved
    • Donate
    • Join a Branch
    • Volunteer
    • Become a LEAF Pro Bono Lawyer
    • Partner with LEAF
  • English
  • Français