Assembly of First Nations National Chief Phil Fontaine expressed his deep disappointment today that a motion to “hoist” Bill C-8 did not receive wide support in the House of Commons.
“I am deeply disappointed that, in spite of a motion by the Liberal Party to hoist Bill C-8, the other parties did not use this opportunity to reject this deeply flawed legislation,” National Chief Fontaine said. “This is not about partisan politics. This is about doing the right thing for First Nations families. This is about our human rights.”
Bill C-8 deals with the division of matrimonial real property (MRP) on-reserve when relationships break down. “Hoisting” the Bill would take it off the parliamentary agenda. In its place the Federal government should enable First Nations to build the capacity to properly develop a meaningful process and alternate approach that respects First Nations jurisdiction and existing First Nations processes respecting MRP.
Bill C-8 has received strong opposition from First Nations, including the Native Women’s Association of Canada, the AFN Women’s Council and First Nations across the country. The Bill itself also runs contrary to the recommendations provided by the Minister of Indian Affairs’ own appointed Ministerial Representative on MRP, Wendy Grant John, who held nation-wide consultations with First Nations women and concluded that unilateral imposed federal legislation is not the answer.
AFN Women’s Council Chair Kathleen McHugh stated, “Bill C-8 does not work. All Bill C-8 does is force families into provincial courts. This is not a solution. For many families it is unaffordable and it will also force families in remote communities to endure long waiting periods before their case can be heard, if they can even make it to a court.”
Bill C-8 has serious flaws and could be subject to legal challenges because the government did not meet its duty to consult and the bill itself infringes on First Nations rights. The National Chief stated that First Nations and all those who support First Nations families and First Nations rights should be working to ensure the Bill does not become law.
“Our people did not create this problem,” said the National Chief. “The federal government created this problem by imposing the Indian Act on First Nations. The solution is not impose more flawed legislation on First Nations, but to work with us in partnership on real solutions that protect First Nations families and respect First Nations rights. This legislation and its approach runs contrary to the commitment of the Government and parliamentarians to the spirit and intent of the June 11, 2008 apology to First Nations for the Indian residential school policy. This Bill is nothing short of continued imposition and paternalism. A number of First Nations have already developed approaches to MRP that are fully supported by their communities. This is the way to go. We need capacity within our communities to deal with this important matter. It is unfortunate we may have to use our energies to fight bad legislation instead of using it to work together on real solutions.”
The Assembly of First Nations is the national organization representing First Nations citizens in Canada.
For further information: Karyn Pugliese, Health Communications, (613) 292-1877,kpugliese@afn.ca
2 comments:
"All Bill C-8 does is force families into provincial courts."
Damn now FN's have to do the same as the rest of Canada.
"The federal government created this problem by imposing the Indian Act on First Nations."
Then its simple - repeal the Indian Act and act like the rest of Canadians! Oh I forgot they are better than the rest of Canadians, and dont want to lose their "Entitled" status, they need to be treated differently.
Russia is a really good place for you Frank.....actually, it's the perfect place for you.
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