Imagine if you lived in a community where the mayor and council decided who could work, where you could live and whether or not you could receive social assistance and/or housing. Imagine too, the mayor and council controlled the majority of the money within the community.

Sadly, this scenario exists in many native communities across Canada.

Under the current system, the delivery of programs are in the hands of the chiefs and councils of native reserves. And, since there is no separation between politics and administration - and no requirement to do so - everything on a reserve that is in any way related to band administration is politicized. This system provides the chief and council with tremendous power and control over the community.

As a result, it is possible for an individual to be fired because they divorced a councilor their boss supported; or to evict someone from their home because they did not vote for the chief.

To exacerbate the situation, native Canadians on native reserves have little recourse when they believe their rights have been violated.

The Human Rights Act does not apply to status Indians who choose to live on a native reserve. As unbelievable as this may appear, section 67 of the Act states, "Nothing in this Act affects any provisions of the Indian Act or any provision made under or pursuant to that Act." In other words, the Indian Act is the "ultimate" law that governs native reserves. Regrettably, the Indian Act is mute on the subject of human rights.

Recently, the Canadian Human Rights Commission demanded the repeal of section 67 in a report which states, "As a result of section, 67, some actions carried out by the government of Canada or a First Nations government can be exempt from human rights scrutiny." The report continued, "In effect, it creates a zone of law and decision-making within which First Nation people have a restricted right to pursue claims of discrimination."

Consequently, Federal Justice Minister Irwin Cotler indicated the government was in support of a repeal of section 67, but the government must wait for "appropriate legislation."

Well it looks like "appropriate legislation" may come sooner than Minister Cotler expected. Last month, Tory Senator Noel Kinsella tabled a private member's bill, S-45, in the Senate to repeal section 67 of the Human Rights Act. If Minister Cotler is serious, he should do everything in his power to fast track it.

Not only would the elimination of section 67 enable the entire Human Rights Act to apply to native reserves, but labour laws, landlord tenant laws, and a plethora of other laws that apply to Canadians who live off reserve.

It is an ironic twist of fate that Canada touts itself as a world leader in human rights yet excludes native Canadians from the country's Human Rights Act. Therefore, to eliminate this discrimination, the entire Human Rights Act must apply equally to all Canadians, or apply to none.