NAN women demand withdrawal of federal legislation on matrimonial real property
NAN press release
NAN women demand withdrawal of federal legislation on matrimonial real property
THUNDER BAY, ON, March 26 /CNW/ - Nishnawbe Ask Nation (NAN) Deputy Grand Chief RoseAnne Archibald together with the NAN Women's Council and more than 80 women from NAN's 49 First Nation communities united today in a peaceful demonstration to demand the Government of Canada withdraw proposed legislation under Bill C-8 which deals with matrimonial real property (MRP) on reserves.
"These NAN women have united in a show of strength to demand the Government of Canada withdraw Bill C-8. We are in favour of fair treatment of women when it comes to the division of on-reserve assets in the event of a marital breakdown, however, we do not believe that Bill C-8 is the solution to this issue," said Nishnawbe Aski Nation (NAN) Deputy Grand Chief RoseAnne Archibald who led the demonstration at the Indian and Northern Affairs Canada Thunder Bay Region Office located at Fort William First Nation. "First Nations have jurisdiction on matrimonial real property, and the Government of Canada has to recognize that laws around MRP must be developed at the community level."
On February 2, 2009, the Government of Canada introduced Bill C-8, An Act respecting family homes situated on First Nation reserves and matrimonial interests or rights in structures and lands situated on those reserves. NAN and other First Nation organizations are opposed to this legislation as Bill C-8:
- infringes on First Nations Aboriginal and Treaty rights and jurisdiction;
- does not provide First Nations the capacity to resolve MRP issues and relies on provincial/territorial courts;
- was drafted without direct consultation with First Nations in Ontario;
- ignores community-based approaches already developed by many First Nations to deal with MRP; and
- is contrary to the recommendations of the Minister of Indian Affairs' own Ministerial Representative, Wendy Grant John, on MRP, who tabled a report that stated unilateral, imposed federal legislation was not the proper way to proceed.
"This is not just a women's issue but a family issue, as many residences in NAN communities are home to more than one family. Under MRP, a family separation could see women, children and Elders left homeless and at the mercy of a provincial court-imposed judgement," said NAN Women's Council spokesperson Jackie Fletcher. "The Government of Canada must scrap Bill C-8 and recognize that NAN First Nations have their own traditional laws, practices and processes for dealing with family issues and are already delivering their own laws in regard to MRP."
NAN is calling for a five-year moratorium on MRP as it develops a Family Law template for all NAN communities. First Nation organizations including NAN, Chiefs of Ontario, and the Assembly of First Nations have passed resolutions opposing Bill C-8. The NAN Women's Council ensures the on-going involvement of women in the decision-making process of Nishnawbe Aski Nation - a political territorial organization representing 49 First Nation communities within James Bay Treaty 9 and Treaty 5 territory, an area covering two-thirds of the province of Ontario.
BACKGROUNDER
BILL C-8 AND MATRIMONIAL REAL PROPERTY ON FIRST NATION RESERVE TERRITORY
- The Royal Commission on Aboriginal Peoples (RCAP) Report of 1996 recognized that First Nations have independent jurisdiction in relation to family law. This flows from the inherent right of self-government, which is recognized by sec. 35 of the Constitution Act, 1982. Bill C-8 negates the landmark RCAP Report by imposing a national MRP code on First Nations and by only recognizing limited delegated bylaw-making authority at the local level.
- The MRP legislative gap on reserve is being addressed by First Nations law-making initiatives (i.e. Six Nations, Akwesasne, and the Union of Ontario Indians). Bill C-8 will undermine this grass roots movement and increase the legislative gap, not eliminate it. The national "cookie- cutter" MRP code in Bill C-8 will not be respected at the local level and will be largely unenforceable.
- Bill C-8 does not address the underlying challenges of inadequate housing, substandard education, unemployment and other social issues faced by First Nations, but focuses on court orders.
- Most First Nations do not have the capacity to develop the local bylaws referred to in Bill C-8. As a result, most First Nations will be subjected to the national code, a "dumbed down" version of provincial MRP regimes. In effect, provincial property law would be applied on reserve. MRP orders described in Bill C-8 are only available through provincial courts.
- Bill C-8 directly affects the reserve land rights of nearly all First Nations in Canada. Therefore, the federal government is under a constitutional fiduciary duty to consult, accommodate, and seek the consent of individual First Nations. To date there has been no serious effort to consult First Nations.
- Bill C-8 does not recognize traditional First Nation Governments and procedures related to MRP, such as traditional forms of dispute resolution involving Elders. Instead, Bill C-8 would force people with MRP issues to hire lawyers and utilize the courts, which would undermine the cultural integrity of First Nations and increase family and community discord.
- The Bill's formalistic reliance on court orders creates the illusion of action on the MRP issue. However, it completely ignores the access to justice issues faced by most First Nation citizens, especially in the North. In practice, Bill C-8 MRP orders may be used mostly by non-Aboriginal people to acquire long-term property interests on-reserve. This unprecedented development will undermine the cultural and territorial integrity of First Nations.
- Local by-law making under Bill C-8 can only occur under a federally approved "Verification Officer" (VO). This is a throw-back to the "Indian Agent" of the 1950s. This is wholly inconsistent with federal recognition of the inherent right of self-government.
- Bill C-8 violates numerous provisions of the United Nations Declaration on the Rights of Indigenous Peoples. These include, but are not limited to, the following: art. 3 (Self-determination); art. 5 (Distinct First Nation institutions); art. 8 (protection against cultural assimilation); art. 22 (Special needs of First Nation women and children); and, art. 33 (Control of membership in accordance with tradition).
- Bill C-8 is opposed by many First Nation organizations. It is not about women's rights, but forces First Nations to seek recourse in a foreign and, in some instances, an inaccessible court system. The Bill is also inconsistent with First Nation self-government.
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/For further information: Michael Heintzman, Media Relations Officer - Nishnawbe Aski Nation (807) 625-4906 or (807) 621-2790 mobile or Jackie Fletcher - NAN Women's Council, (705) 255-1024 mobile/