Canada ( Human Rights Commission ) v. Canada ( Department of Indian Affairs and Northern Development )
T-671-93
Muldoon J.
30/12/94
15 pp.
Canadian Human Rights Commission moving to strike down Human Rights Tribunal ("Tribunal") decision dismissing complaint as falling within Canadian Human Rights Act ("CHRA"), s. 67 exempting Indian Act from application of CHRA-Status Indian alleging Department of Indian Affairs and Northern Development ("DIAND") discriminating against her on basis of religion by withdrawing funding for residential and transportation costs of enrolling daughter in private Catholic school-Constitutional recognition of denominational Catholic and Protestant schools exception to secularity of Canadian State-Indian Act fostering establishment of discriminatory system in Canada-In absence of CHRA, s. 67, human rights tribunals obliged to strike down Indian Act-Withdrawal of residential support for attendance at Catholic school performed pursuant to Minister's powers under Indian Act-CHRA, s. 67 immunizing not only provisions of Indian Act, but also action done legally or illegally by Minister and by DIAND pursuant to Act, subject to judicial review for illegalities committed by government officials-Tribunal correct in declining jurisdiction-Application dismissed-Canadian Human Rights Act, R.S.C., 1985, c. H-6, s. 67-Indian Act, R.S.C., 1985, c. I-5.