October 20, 2006 - by Joseph Quesnel
National Aboriginal News
The Conservative government has made its intention known that it will introduce a law this spring to protect the property rights of Aboriginal women in the event of separation or divorce, although some Aboriginal critics are wondering how the government will enforce the law on First Nation communities.
"Our objective will be to remove the human rights vacuum existing for Aboriginal women," said Indian Affairs Minister Jim Prentice, in a recent press conference. "This will be about empowering First Nation women."
At present, when there is a breakdown of a marriage or common law relationship on reserve, there is no legal provision for an equitable division of the matrimonial real property, that is the family home and the land on which it is situated. The Indian Act, which governs most aspects of reserve life, is silent on the issue. The goal of the consultations is aimed at filling this legislative void and ensuring the welfare and security of families living on reserves.
Prentice will be accompanied by Beverley Jacobs, President of the Native Women's Association of Canada (NWAC), and Phil Fontaine, National Chief of the Assembly of First Nations (AFN), as the government launches the second phase of a national consultation process on the issue of the division of matrimonial real property on reserve.
During this phase, consultation and dialogue sessions will take place in communities across the country. The consultations are scheduled to end in January 2007, after which, Wendy Grant-John, the Ministerial Representative appointed on June 20, 2006, will provide a final report, with recommendations, to Minister Prentice.
Prentice has expressed his confidence in Grant-John to perform the job she was assigned to do. A former BC Musqueam chief and accomplished businesswoman, Grant-John believes that the current move to change Aboriginal matrimonial property rights is the next evolution in a process that began more than 20 years when Aboriginal women were able to re-gain their Indian status after losing it through marriage.
"The issue of matrimonial real property on-reserve is highly complex, but its impact on a number of First Nation families has been simply devastating," said Minister Prentice. "This joint initiative with the AFN and NWAC is a major advancement in addressing a situation that is unacceptable. Through our combined efforts, I am confident that we will be able to introduce measures that will reflect real change in First Nations communities across the country."
When pressed about enforcement by one vocal Aboriginal activist, Prentice stated that those issues will be dealt with in due course.
"Those issues will be addressed throuigh the consultation process," he said, stressing that he has the support of Aboriginal organizations to implement the new legislation.
Prentice also dodged questions about the ultimate intention of the legislation. One First Nation reporter questioned whether the legal chance was part of a wider Conservative strategy to bring private property onto reserves and "undermine" collective rights.
Prentice insisted, however, that the law stood on its own and that it will "not impact the holdings of property that is collectively held."
Prenice stressed that the issue came out human rights committee hearings in the past, but that the current laws aims to actually implement the findings of that committee.
"The committee was about whether or not there is an issue. We've moved beyond that," he said.
The AFN will conduct dialogue sessions with representatives of over 630 First Nations, NWAC will ensure that the voices of women are heard, and INAC will consult with the provinces, territories and other interested organizations not represented by NWAC and AFN. As Ministerial Representative, Ms. Grant-John will help facilitate these sessions, oversee progress and ensure the sharing of results in the effort to find a solution.
"Today marks an important first step towards finding solutions from Aboriginal women and their children who have survived the conditions imposed on them from not having access to their home," said NWAC President Beverley Jacobs.
"We need to apply First Nations solutions that are based on our traditions, that accommodate human rights, and acknowledge the traditionally strong role of First Nations women in our communities," said AFN National Chief Phil Fontaine. "The AFN is ensuring that it has the necessary resources to engage in an effective dialogue because resolving this issue means finding solutions that go beyond the mere division of matrimonial real property on reserve."
Since the appointment of the Ministerial Representative on June 20, INAC, AFN and NWAC have been working with Grant-John to develop and finalize their respective consultation plans. To date, a consensus has already emerged on the need to settle the issue of the division of matrimonial property on reserves as quickly as possible.