Concerns raised over Matrimonial Real Property law

The Ontario Native Women’s Association has raised concerns about the recent passage of Bill S-2, Family Homes on Reserves and Matrimonial Interests or Rights Act.
“While the Ontario Native Women’s Association recognizes that there is a significant lack of MRP (Matrimonial Real Property) protections on-reserve, and supports the intentions of Bill S-2 to rectify this gap, there are many flaws in the bill that cannot be ignored,” said Betty Kennedy, ONWA’s executive director. “Aboriginal women and their families stand to be the most affected by Bill S-2, and to create and pass such a bill without thorough and meaningful consultation with Aboriginal women and their communities and without adequate consideration of the bill’s disputed shortcomings, is irresponsible and unacceptable.”
ONWA noted a number of concerns with the federal legislation, which passed third reading on June 11 and is now law, including failure to respect the inherent First Nation jurisdiction and authority in regards to collective property ownership on reserves; the limited capacity of First Nations to properly implement the changes necessary to actually improve access to protection and justice for Aboriginal women; and failure to recognize that many First Nations communities are situated in remote regions with very limited access to lawyers, courts, social services and emergency supports.
“When approaching the issue of family breakdown and MRP, there is a need for a more comprehensive and culturally appropriate solution to address the underlying issues of family violence, chronic housing shortages, poverty, and the lack of emergency shelters and social services,” Kennedy said. “This requires commitment from the federal government for the provision of necessary social and financial supports. In light of yesterday’s fifth anniversary of the Parliament apology for residential schools, it is our sincere hope that the federal government is willing and committed to working in partnership with all First Nations on this matter, and as a part of the larger ongoing process of reconciliation.”
Deputy Grand Chief Alvin Fiddler and NAN Women’s Council member Jackie Fletcher testified before the Standing Committee on the Status of Women on May 7 over Bill S-2.
“We recognize that there must be protection for both families and individuals in the event of marital breakdown however, this legislation ignores jurisdictional rights of NAN First Nations and as with other policies and laws, assumes there is baseline access to services,”
Fiddler said. “NAN First Nations are severely underfunded in all essential services therefore this imposed legislation will be ineffective and is ignorant of our reality as there is no foundation to support it. Putting something in place must be a joint approach between First Nations and Canada. We invite the federal government representatives to come and visit with our communities and see first-hand the realities that exist in the north.”
NAN called on governments to work collaboratively with First Nations to ensure families are genuinely protected in a way that respects First Nations reality and traditions.
“This one-size-fits-all approach does not work as communities have their own unique needs,” Fletcher said. “The federal government must recognize that solutions need to be developed at the community level in accordance with our traditional laws and established processes for dealing with family issues.”