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NAN Press release 

NAN Grand Chief demands withdrawal of federal legislation on matrimonial real property

     THUNDER BAY, ON, May 15 /CNW/ - Nishnawbe Ask Nation (NAN) Grand Chief Stan Beardy, together with Deputy Grand Chief RoseAnne Archibald, is demanding that the Government of Canada withdraw proposed legislation under Bill C-8 dealing with matrimonial real property (MRP) on reserves that underwent second reading in the House of Commons this week.

     "I call on the Government of Canada to do what's right for First Nations and immediately withdraw this legislation. First Nations have jurisdiction on matrimonial real property and Bill C-8 is not the solution," said Nishnawbe Aski Nation (NAN) Grand Chief Stan Beardy. "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, but the Government of Canada has to recognize that laws around MRP must be developed at the community level."

     The NAN Women's Council led more than 80 women from NAN's 49 First Nation communities in a peaceful demonstration at the Indian and Northern Affairs Canada Thunder Bay Region Office at Fort William First Nation on March 26 to demand the withdrawal of Bill C-8. Other First Nation organizations including the Assembly of First Nations, Chiefs of Ontario and the Native Women's Association of Canada are opposed to the legislation and are urging Members of Parliament to oppose Bill C-8.

     "This is not just a women's issue as Bill C-8 threatens to leave women, children and Elders homeless and at the mercy of a provincial court-imposed judgement in the event of a family separation," said NAN Deputy Grand Chief RoseAnne Archibald. "Many NAN First Nations are already delivering their own laws in regard to MRP, and we are calling on the Government of Canada to scrap this bill and recognize that we have traditional laws, practices and processes for dealing with family issues."

     NAN is calling for a five-year moratorium on MRP as it develops a Family Law template for all NAN communities.

     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.

     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.

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/For further information: Joyce Hunter, A/Director of Communications, (807) 625-4952 direct line or (807) 472-5638 mobile; or Jackie Fletcher, NAN Women's Council, (705) 255 1024 mobile/