AANO Committee Report

LIST OF RECOMMENDATIONS

IMMEDIATE ACTION

RECOMMENDATION 1

a)         That, consulting with the Native Women’s Association of Canada and the Assembly of First Nations to the extent possible, considering the urgency of the situation, the government immediately draft interim stand-alone legislation or amendments to the Indian Act to make provincial/territorial matrimonial property laws apply to real property on reserve lands.

This legislation should also:

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reflect a partnership process among government, the Native Women’s Association of Canada and the Assembly of First Nations;

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recognize First Nations’ inherent jurisdiction with respect to matrimonial real property;

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authorize First Nations to enact their own matrimonial property regimes in an enabling rather than prescriptive manner;

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set out a time frame for the development by First Nations of their matrimonial real property regimes;

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contain a sunset clause providing that the legislation will lapse at the end of that time period; and

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contain a non-derogation clause providing that nothing in the legislation abrogates or derogates from First Nations’ section 35 Aboriginal and treaty rights.

In order to assist First Nations in the exercise of their jurisdiction over on-reserve matrimonial real property, the Committee further recommends

b)        That the government commit to providing recognized national and provincial/territorial First Nations organizations with the human and financial resources required to enable them to assist members to develop their own matrimonial real property codes; and

c)        That the government provide additional support for First Nations wishing to create matrimonial real property laws by developing a Web site to showcase “best practice” examples of matrimonial real property laws.

LONG-TERM ACTION

RECOMMENDATION 2:

Recognizing that not all First Nations may be in a position to develop their own matrimonial real property regimes in the time allotted, and the resulting need for a longer term solution, the Committee further recommends

That, in broad consultation with First Nations organizations and communities, the government collaborate with those organizations and communities to develop substantive federal legislation on matrimonial real property for those First Nations that have not created their own laws on the subject matter within the time frame set out in the interim legislation. This legislation should cease to apply to First Nations that subsequently develop their own matrimonial real property regimes.

SECTION 67 OF THE CANADIAN HUMAN RIGHTS ACT

RECOMMENDATION 3:

That, in broad consultation with First Nations organizations and communities, the government undertake immediate review of section 67 of the Canadian Human Rights Act with a view to amending that legislation

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to protect on-reserve First Nations individuals from discrimination under the Indian Act and

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to insert an interpretive clause requiring a balance between individual and community interests.