Bill C-8 and the Controversy

Bill C-8 and the Controversy

http://www.liberal.ca/story_15824_e.aspx

Harper government ignoring Aboriginal communities on Bill C-8

OTTAWA – Liberals are calling on the Harper Conservatives to delay the passage of Bill C-8 after the government failed to properly consult First Nations governments in the development of the bill. Bill C-8 concerns the division of real property on First Nations reserve lands when couples separate.

“We do not question the need for legislation to address the very real problems when family breakdown occurs for Canadians living on reserve,” said Liberal Aboriginal Affairs Critic Todd Russell. “However, the Conservative government failed in its constitutional duty to consult First Nations in the development of this bill.

“We believe this bill should be deferred for six months so that the government can properly consult First Nations communities on what changes they believe are necessary. The bill in its current form imposes a default law on First Nations communities, without ensuring that First Nations have the resources or capacity to develop their own codes. First Nations are rightly upset by this.”

The Native Women’s Association of Canada (NWAC) and the Assembly of First Nations (AFN) have been highly critical of the Conservative bill, arguing that the government is attempting to impose a “one size fits all” solution on a diverse group of more than 600 First Nations communities, each with its unique needs, said Mr. Russell.

“First Nations women’s groups have specific concerns with this bill, which is why the government needs to take a second look,” he said. “For example, their bill mandates that ‘verification officers’ play an active role in the development and approval of local matrimonial real estate property regimes. First Nations see this as an insulting throwback to the use of Indian Agents.

“We’re saying to the Harper government, let’s take the bill off the table so that Aboriginal communities can be properly consulted about these matters. Their concerns cannot be dismissed, and the government should take the time and the steps to do things right,” Mr. Russell said.

This is a joint press release from NWAC, AFN and the AFN Women’s Council

http://www.nwac-hq.org/en/index.html


Press Release – For Immediate Release

NWAC, AFN and AFN Women’s Council

Unite to Oppose Bill C8 on Matrimonial Real Property

Ottawa, ON (May 14, 2009) – Today the Native Women’s Association of Canada (NWAC), the Assembly of First Nations (AFN) and the AFN Women’s Council united to express their opposition to the federal Bill C8,

An act respecting family homes situatedon First Nation reserves and matrimonial interests or rights in or to structures and lands situated on those reserves.

NWAC and the AFN (including the AFN Women’s Council), all agree that Bill C8
Will do nothing to solve the problems associated with Matrimonial Real Property (MRP) onreserve; that the federal government failed in its duty to consult and accommodate the views of First Nations; and, as a result, the Bill is fatally flawed and cannot be fixed. It should not proceed to committee.

NWAC President Beverley Jacobs says NWAC held meetings with Aboriginal women prior to the introduction of Bill C47 and produced a “Peoples Report” that included a
number of solutions to address MRP. Bill C47, the predecessor to Bill C8, and this Bill,
C8, ignore all of those recommendations.

“Aboriginal women, who we met with and who were directly affected by the lack of legal recourse of MRP, stated over and over again that their voices needed to be included in the creation of any legislation,” said NWAC President Jacobs. “They also highlighted non-legislative solutions for the short, medium and long term. We need to ensure that the voices of the women that we talked to are heard and that their solutions are implemented. The resources are needed to implement the non-legislative solutions as soon as possible.”

AFN Women’s Council Chair Kathleen McHugh agrees that there was no effective consultation process. She added that Bill C8 also ignores the recommendations of the Minister of Indian Affairs’ own Ministerial Representative on MRP, Wendy Grant John, who tabled a report stating that unilateral imposed federal legislation is not the answer.

The organizations are in agreement that Bill C8 is a one dimensional approach to a
complex problem that does not address the real issues in communities.

“All Bill C8 does is force families into provincial courts. This is not a solution. For many families it’s unaffordable and it will also force families in remote communities to endure long waiting periods before their case can be heard,” said the Chair of the AFN Women Council. President Jacobs agrees, and states that, “I am also deeply concerned that Bill C8 will put women who are experiencing family violence at further risk by forcing them to wait long periods for justice without adequate social supports, services or shelters.”

National Chief Phil Fontaine added that it is unlikely that the strict parameters imposed on First Nations will allow communities to create solutions that reflect their traditional laws, cultures and realities, including geographic remoteness, lack of access to the court system, inability to afford lawyers, overcrowding and multiple family homes and a lack of emergency shelters.

“A number of First Nations have already taken a proactive approach to this issue and have worked with their communities to develop rules and policies related to MRP. Under
Bill C8, the flawed federal approach will be imposed on First Nations and these existing
Community based solutions could be struck down and replaced. This is not democratic, it is inconsistent with the values of First Nations and Canadians, and only serves to do more harm to First Nations families,” said AFN National Chief Phil Fontaine.

The AFN and NWAC believe that the legislation attempts to pit the individual rights of women against the collective rights of First Nations people. Both organizations expressed disappointment with this tactic and do not support this approach. President Jacobs, the National Chief and Chair McHugh stressed the importance of acknowledging and respecting the role of women and mothers in First Nations families, communities and Nations and ensuring that their voices are sought and accommodated within the context of this role.

The Native Women’s Association of Canada and the Assembly of First Nations, including their Women’s Council agree that Bill C8 should be scrapped in favour of a new approach. This may include non-legislative measures such as local dispute resolution processes and community based solutions. The urgent need for housing, counseling services and emergency shelters on reserve must also be addressed.

NWAC President Jacobs added “Aboriginal women, girls and children 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 safe communities where they, their children and future generations can live. Above all else, any resolution needs to ensure that this happens.”

The resolution of MRP matters requires collaborative efforts between the federal government and First Nations. Solutions must address the root causes of the poor socioeconomic conditions faced by First Nations couples that contribute to MRP issues.

The Native Women’s Association of Canada is an aggregate of 13 native women’s organizations and is the national voice of Aboriginal women in Canada.
The Assembly of First Nations is the national organization representing First Nations citizens in Canada.

The AFN Women’s Council ensures the perspectives of First Nations’ women are included in all AFN policy directives and activities, as well as ensuring that the AFN is an effective advocate on behalf of First Nations women.



Statement - Bill C-8: Family Homes on Reserves and Matrimonial Interests or Rights Act

http://www.ainc-inac.gc.ca/ai/mr/nr/m-a2009/nr000000328-eng.asp

Ottawa, Ontario (May 14, 2009) - The following statement was released by the Honourable Chuck Strahl, Minister of Indian Affairs and Northern Development and Federal Interlocutor for Métis and Non-Status Indians:

“Today, the Liberal Party moved a motion that will effectively kill Bill C-8, which is designed to protect the rights of women and children living on reserve. I am deeply disappointed that the Liberals would be prepared to prevent the passage of Bill C-8 and leave untold numbers of First Nations women and children without the protection of the courts at a time when they most need it.

The proposed legislation would provide legal protection to both members of a common law or marital relationship in the event of a breakdown of their marriage, divorce or death. Bill C-8 responds to national and international calls for action and change. The bill is the result of over 100 extensive consultation sessions held throughout the country. It is shameful that the Liberals are trying to derail a bill that would provide a solution to an intolerable legislative gap.

Bill C-8 is a landmark piece of legislation. For the first time ever, the Government is taking significant steps to provide First Nation leaders with the opportunity to develop their own culturally appropriate laws. The federal government would no longer be involved. First Nation leaders will only be accountable to those most directly affected by the law, namely their own constituents.

The proposed Family Homes on Reserves and Matrimonial Interests or Rights Act fills the legislative gap by providing women, children and families with immediate protections and rights. Delaying its passage will only exacerbate the ongoing injustice facing some of the most vulnerable members of Canadian society.”

For more information, please contact:
Minister's Office
Ted Yeomans
Office of the Honourable Chuck Strahl
(819) 997-0002