Bill S-2: Family Homes on Reserves & Matrimonial Interests or Rights Act

Ottawa, ON (November 21, 2011) – The Native Women’s Association of Canada (NWAC) express their concerns with Bill S-2 Family Homes on Reserves & Matrimonial Interests or Rights Act. NWAC is not confident that the legislation will solve the problems associated with Matrimonial Real Property (MRP) on reserve; and that the current Bill fails to address many of the recommendations repeatedly raised each time this legislation has been brought forward.

Background

In 2006, the Department of Aboriginal Affairs and Northern Development Canada (AANDC) had appointed a Ministerial Representative, Wendy Grant-John, to examine Matrimonial Real Property (MRP) on reserves. Both Native Women’s Association of Canada (NWAC) and the Assembly of First Nations have previously provided recommendations and reports to AANDC on ways to move forward and address MRP issues.In the past, the Government of Canada did engage with NWAC through a fast-tracked process to seek input and develop consensus with regards to MRP on reserves, including the development of possible legislative options. NWAC held meetings with First Nations women from their Provincial and Territorial Member Associations, and produced several reports that included their views to address MRP. The previous Bills and now Bill S-2, still neglect most of those recommendations.

Aboriginal women have stated over and over again that their voices needed to be included in the creation of any legislation dealing with the lack of legal recourse within MRP, including within its implementation. They have also highlighted the need for more time for community engagement, community resources, training and capacity-building, along with the development of tools required so that First Nations could implement appropriate measures where families can resolve disputes safely, and in a culturally-appropriate way.

Despite previous recommendations that First Nations must be involved and create the solutions that will address the multitude of socio-economic issues impacting on families, the Government has consistently tried to rush the process and to push through legislation that has been drafted mostly on its own, with little involvement and disregard for the comprehensive recommendations of the past Ministerial Representative, and many First Nations Governments and organizations.

NWAC President Jeannette Corbiere Lavell stated, “Too many of our women and their families continue to be subjected to violence and are often forced to leave their homes and communities to be safe. Aboriginal women have consistently stated that they want communities where they can live peacefully. Any solutions must ensure that this happens.”

1. Removal of the Verification Officer: First Nations had continuously raised objections to many aspects of the Bill, including with regard to the “verification officer and office” with a mandate to oversee and approve First Nation MRP laws, which has now been removed

2. Lower Ratification Threshold: In the past a majority had to vote in favour of the law (50% +1). Now First Nations laws must now be approved by a single majority of those who have voted with a set participation of at least 25% of eligible voters.

3. Introduction of a 12-month transition period: This period is too short to deal with the many issues that need to be addressed. Furthermore, the majority of First Nations women and their families continue to raise the issue that the MRP legislation infringes on First Nations’ constitutionally enshrined self-government rights.

NWAC is being told by its members that the MRP legislation is too prescriptive and does not adequately support Indigenous legal systems. As well, no financial resources will be allotted to support First Nations Governments to actually implement the legislation, if it were to get passed.

In addition, First Nations’ communities are often in areas with limited access to courts or lawyers. Reliance on provincial courts may place additional financial burden on First Nations citizens in a marriage breakup, where they are accessible, if at all. In effect, the Bill may create additional barriers to justice for First Nations citizens and will not provide effective remedies for individuals seeking redress.

More resources would be needed for First Nations to be able to implement the non-legislative solutions to support families dealing with family disputes. NWAC’s membership has indicated that Bill S-2 is not an effective approach to a complex problem as it may not address the real issues in communities. Additional resources would be required for further consultative meetings, and to support the implementation of the MRP legislation.

If the legislation is imposed on First Nations, the short transition period will not allow communities to create solutions that reflect their traditional laws, cultures and realities, nor will it address the existing lack of emergency shelters, the limited counselling services and supports available for families.

A number of First Nations have taken a proactive approach to this issue and have worked with their communities to develop rules and policies related to MRP. Many of our members have expressed that the new Bill is inconsistent with the values of First Nations, and only serves to do more harm to families.

Next Steps

The issues that need to be addressed are far more extensive than addressing a mere legislative gap. Based on the multiple reports produced by NWAC, the AFN and the previous Ministerial Representative, the remedies require a comprehensive approach driven by First Nations.

This approach must address family support services, help to reduce family violence, provide more shelters, increase policing supports, afford families services to prevent child welfare interventions, increase housing, build First Nations’ capacity to resolve disputes, land management issues, matters relating to citizenship and residency, all of which make Aboriginal women particularly vulnerable. These fundamental issues must be adequately addressed prior to the implementation of any Bill on MRP.

NWAC stresses the importance of acknowledging and respecting the role of women and mothers in First Nations families, communities and Nations. The Government must ensure that our views are sought and taken into account with all legislation that affects us.

Should this MRP legislation get pushed through Parliament, then NWAC must have a leading role in how the legislation is implemented, to ensure that women and their families are taken into account at every stage.

First Nations communities, women and their families are encouraged to contact members of the Senate Standing Committee on Human Rights as they are studying this Bill for a limited time, right now. If you want to convey your concerns, you can contact:

Andreychuk, Raynell andrer@sen.parl.gc.ca 1-800-267-7362

Ataullahjan, Salma atauls@sen.parl.gc.ca 1-800-267-7362

Baker, George bakerg@sen.parl.gc.ca 1-800-267-7362

Brazeau, Patrick brazep@sen.parl.gc.ca 1-800-267-7362

Hubley, Elizabeth hublee@sen.parl.gc.ca 1-800-267-7362

Jaffer, Mobina S.B. jaffem@sen.parl.gc.ca 1-800-267-7362

Ruth, Nancy mcgeed@sen.parl.gc.ca 1-800-267-7362

Zimmer, Rod A. A. zimmer@sen.parl.gc.ca 1-800-267-7362

Committee Clerk: Daniel Charbonneau
Phone: (613) 993-4874
Fax: (613) 947-2104
Email: ridr@sen.parl.gc.ca

The Native Women’s Association of Canada is an aggregate of 12 native women’s organizations and is the nationally recognized voice of Aboriginal women in Canada.

NWAC Contact:

Teresa Edwards
Director of Human Rights, In-House Legal Counsel
Tel: 613-656-3016