First Nations women have raised concerns about the lack of protection of their rights in the Indian Act for many years, through public consultation, public commentary and litigation. Minister Nault has made the concerns of First Nation women a priority for DIAND. On December 9, 1999, Minister Nault announced that he would be naming a Special Representative whose broad mandate would be to make recommendations that would ensure the protection of First Nations women's rights. The current legislative framework of the Indian Act does not reflect the reality of the role that First Nation women play in their communities. It also does not offer proper legal protection of their particular interests and concerns. The government needs to find a modern context for the Indian Act, and to build a vision of the relationship that reflects the unique role and place of First Nation women in society.

First Nation women have raised at least three categories of concerns. There are concerns regarding the administration of the Indian Act and certain of its provisions, such as the membership, registration, wills and estates, elections, Indian moneys and the land provisions. There are issues concerning potential gaps in the Indian Act, in particular the division of matrimonial real property on reserve upon marital breakdown and the potential inability of provincial courts to grant orders respecting the temporary possession of the matrimonial home where the home is situated on reserve land. There are also issues raised outside the Indian Act, such as the Indian Act exemption from the Canadian Human Rights Act, that would challenge the new relationships that we are building.

Under Gathering Strength - Canada's Aboriginal Action Plan, Canada committed to renewing partnerships to bring about meaningful and lasting change in our relationships with Aboriginal people. Canada's vision of partnership means developing effective working relationships with Aboriginal organizations and communities, based on the four principles of mutual respect, recognition, responsibility and sharing, to work on practical solutions to address the needs of Aboriginal people. In the last two years, the focus has been on reconciliation and rebuilding. The strong partnerships which are forming will bring opportunity for economic growth and a more promising future for Aboriginal people and for all Canadians. As DIAND and our partners continue to work together on our relationship, the protection of First Nations women's rights will challenge us to redefine the relationship.

The main objectives of the Special Representative process are for the federal government to obtain a factual understanding of the issues that have negative impacts on the protection of First Nations women's rights and to identify possible solutions which could include legislative models or policy responses which the government could adopt to ensure the protection of First Nations women's rights.

The discussion process will be held over a six-month period. The Special Representative will submit a report on the findings by November 2000.

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