"A Stone of Hope:
Action and Results for Aboriginal Women in Canada"

Address by

The Honourable Jim Prentice, PC, QC, MP

Minister of Indian Affairs and Northern Development and
Federal Interlocutor for Métis and Non-status Indians

to the

Native Women's Association of Canada
32nd Annual General Assembly

Gatineau, Quebec
September 30, 2006

Thank you for that kind introduction. We'd probably all be better off if you called me Jim rather than the Minister. I'd like to acknowledge Beverley Jacobs here today, Ellen Gabriel, and other NWAC leaders, elders and friends.

I was commenting a few moments ago to Beverley. I said I really enjoyed coming here and having a chance to meet so many capable, able women, in particular some of the bright young people that you have in this room. And I said I'd love to see some of those people someday in the department. And Beverley said, Well no, capacity issues are something we have to worry about right here at home. So I promise not to go on a recruitment campaign here at all. But you're very fortunate to have some of the people I've met here today.

Thank you for the invitation to speak at this, the 32nd annual general assembly of your organization. I've been looking forward to this for a number of months.

Merci de m'avoir invité à prendre la parole à cette assemblée générale annuelle. J'attendais cette occasion depuis quelques mois déjà.

I want you to know that I strongly support your mission to empower Aboriginal women and to address the issues that affect you, your children and your families. I affirm your passion to advocate for equal opportunity and rights for Aboriginal women across this great nation. Your passion is my passion, and it is what brings me here today.

My concern about women's issues is not a theoretical one or a political one. It is profoundly personal. In my family, I live in a world of four women. I have a wonderful wife Karen, who is here with me today, and three fantastic daughters, Christina and Cathy and Kate. They are active, articulate and intensely interested in the issues of our day, and they keep me sharp, particularly when it involves the issues that impact women.

Like NWAC, the FN Women's Council and other women's groups across Canada, the women in my life are deeply concerned about the injustices that afflict women in this country of ours. They want to see the wrongs righted. They want to see equality and opportunity. And they want to see hope realized for present and future generations of Canadian women.

Early in my appointment as the Minister of Indian and Northern Affairs, I announced that I would aggressively address issues that impact Aboriginal women, children and families. I've met with many Aboriginal leaders and elders, and I have heard many heartbreaking stories about the discrimination and the dysfunction that unravels the very fabric of Aboriginal communities and homes. And some of those stories have touched me deeply, and my care and concern for these issues comes from personal friends.

Les problèmes auxquels sont aux prises les femmes autochtones et tous les Inuits, les Métis et les membres des (inaudible) nations sont complexes. La transformation des (inaudible) actuels exigera des efforts soutenus de courage et de leadership.

From the beginning of my appointment I decided that, as long as I was the Minister, I would lead from the front. I would lead by bringing forward concrete solutions. I would lead by taking action to address some of the systemic ills that plague Aboriginal communities, particularly women and their families. So my friends, today here I say to you it's time for action. It's time do more than simply discuss problems. That's been done for many years. It is time to do more than just to throw money in the general direction of the problems and hope that some of it sticks. It's time for us all to see measurable results.

Action and results, these are the driving forces behind Canada's new government. I have discussed these issues with the Prime Minister, and we wish to see specific things done for women and for children and for families. And we will have the courage to tackle the tough issues, the systemic issues, and we will demonstrate clear leadership and resolve in taking action.

As far as the Department of Indian and Northern Affairs is concerned, we've been aggressively working to make a measurable difference in the lives of all Aboriginal people. And I would just highlight a couple of things. Within 45 days of taking office, we moved firstly to deal with First Nations drinking water standards and to bring systems up to par with the rest of the country. The situation that I found myself in as the new Minister was that over 200 First Nation communities have drinking systems that are high-risk or worse.

In our first budget, we budgeted $3.7 billion to support Aboriginal peoples and communities. That's $3.7 billion additional dollars. More than any previous budget, and an incredible 500% more than the previous 2005 Liberal budget. So much has been said about my work as Minister and our commitment in this area. I would draw to your attention that the last budget that this government put forward had more new funds in it than the previous four Liberal budgets put together.

We have taken significant steps to enable First Nations to assume meaningful control over on-reserve elementary and secondary education systems. The announcements that we made in British Columbia on the (inaudible) education system - I think it provides a model for where this country will be going. It is a voluntary system. We hope to emulate it elsewhere in the country. And it provides, I believe, as Premier Campbell has said, the key to the future for Aboriginal communities including, in particular, young Aboriginal women.

We are working vigorously to retool and speed up the land claims process. Once again, I found myself in the situation of inheriting a backlog of close to 800 specific claims in the claims department of my department. We have taken steps to restructure the legislative maze that supports First Nations programs and services and governance, and we want to move beyond the Indian Act. The Indian Act is appalling. It's archaic, it is patronizing legislation, it is a framework that too often works against First Nations rather than supporting them.

Aboriginal people in Canada must be governed by a modern legislative framework that ensures the same standards and rights that are afforded to other Canadians. And ultimately - together - we must achieve an effective and a meaningful system of self-determination, self-accountability and self-government. A system that Aboriginal communities are integrally involved in shaping and in implementing.

Après des années de (inaudible), nous allons de l'avant. Le processus est là, les progrès sont graduels. Il reste beaucoup de travail à faire, et nous avons encore de nombreux obstacles à franchir. Toutefois, nous faisons des progrès réels, concrets et mesurables, et j'en suis fier.

One of the areas where we must make significant progress in the days ahead is with respect to the rights of Aboriginal women. Because of the archaic and patriarchal language and the legal framework of the Indian Act, First Nation women have too long been denied human rights afforded to all non-Aboriginal women in Canada. There exists a double standard that is unequal, unfair and un-Canadian.

Because of Section 67 of the Canada Human Rights Act, Aboriginal women in this country are denied basic human rights and remedies which all other Canadians enjoy. This injustice has been under review in this country for close to 30 years. It is unacceptable - it is unacceptable that it has not been dealt with before now. And ladies and gentlemen, I intend to change that.

Before I go any further, I want to acknowledge the contribution of Canadian Aboriginal women in raising the issue of Aboriginal women's rights and bringing it forward. I applaud you. I was moved initially in my year and a half in opposition when I met women associated with the Native Women's Association, Beverley and Marian Buffalo and others who described the Aboriginal women for whom they advocate as the poorest of the poor in Canadian society. And they carried out that advocacy with enormous dignity and incredible commitment. And I saw at that time a way forward, I think, for all of Canada.

And I say to you that without your efforts, we would certainly not be where we are today. You deserve credit for repeatedly raising the issue of women's rights within the Government of Canada. You deserve credit, along with heroes like Mary Two-Axe Early and others, for tirelessly pushing to amend the Indian Act and to correct the inequities which deny Aboriginal women their rights. You deserve credit for continuing to point out where Bill C-31 fell short, and for pressing the matter for Aboriginal women's rights in the courts and with Parliament.

You deserve credit for raising concerns about Aboriginal women's rights on the international stage, and I say with the United Nations. And you deserve credit for boldly advocating justice, fairness and equality through NWAC, through the AFN and other important women's groups. And if you had not made your voices heard, even less progress would have been made today. And I tell you for sure, having made your voices heard to me, as the Minister, is one of the factors that will drive change in this country.

Je veux m'associer à vous, faire avancer les droits des femmes autochtones au Canada en tant que ministre chargé de vous représenter, je veux chercher avec vous des solutions réalistiques et efficaces qui non seulement garantissent les droits de la personne mais qui plus est (inaudible) aux femmes le respect et la différence que la culture traditionnelle leur accorde au sein des collectivités autochtones.

As I said, my passion and commitment about this issue comes from two sources. First, my own family, my wife and my daughters. I understand the importance of women's rights up close and in a personal way. Second, my strong personal sense of justice and my lifelong commitment to do the right thing because it is the right thing.

One of my historical heroes is the late Dr. Martin Luther King, who was a great champion of human rights. Not only for his own people, but for all people. And in recognition of his courageous efforts, as many of you probably realize, he was awarded the Nobel Prize in 1964. One year earlier, in 1963, while in jail, he wrote a famous letter entitled "The Letter From the Birmingham City Jail." It's well worth the read, I would suggest, for everyone in the room.

In that letter, he addressed criticism from his fellow clergymen who were denouncing what he had advocated, which was non-violent demonstrations for freedom, justice and equality. And he had been denounced on the basis that this approach was "unwise and untimely." And in response, he declared powerfully and memorably, "Injustice anywhere is a threat to justice everywhere."

Je suis d'accord l'injustice, où qu'elle soit au Canada, et peu importe qui elle touche, est une menace à la justice dans l'ensemble du Canada. Par conséquent, les injustices et les données de droits (inaudible) aux femmes autochtones constituent une menace à la justice pour l'ensemble des canadiens.

In a country that prides itself on how it treats all people, Aboriginal women have for too long been denied what is accorded to the last, the least and the lowest. This must change. I commit that our government will work with you to bring about real, systemic change for Aboriginal women and their children and their families. We will work with Justice Canada to repeal Section 67 of the Canadian Human Rights Act. This will afford Aboriginal women the same protection and relief that the courts and our system of justice afford to all other Canadians. I will make sure that that happens.

We will work with partners to raise the issue of Aboriginal women's rights in the media and in the public consciousness. Most Canadians are not aware of the current situation confronting Aboriginal women. As a result, they are not as upset as they need to be by the current situation. We will tell the stories of Aboriginal women. We will create a public awareness that will hopefully result in strong pressure on Parliament to right historic wrongs.

We will work to find other policy and legislative remedies for the short term and for the long term to support Aboriginal women and their families. We will give support to organizations, like NWAC as well as the AFN and others, that are actively working to advocate and bring change on behalf of Aboriginal women. And we will do this because it is the right thing to do, ladies and gentlemen.

One of the specific injustices that demands immediate attention and action is on-reserve matrimonial real property rights. This is a priority issue, particularly for First Nations women and children, although I note that it does impact men as well. The situation has been created because of a void between the federal and provincial legislation. The federal Indian Act, which governs most aspects of on-reserve life, is silent on this issue. Provincial marriage legislation, as decided by Canada's Supreme Court, which protects all other Canadians involved in a marital breakup, and which most Canadians assume also protects First Nation women, has no jurisdiction on reserve.

And as a result, spouses who do not hold a certificate of possession may be forced to leave the family home when a marriage relationship breaks down. And in some cases, where there is no alternative on-reserve housing, the spouse and children may be forced to leave their communities. Every single one of you in this room knows stories and circumstances of Aboriginal women who have left and taken their children and moved to the city and lived in poverty. Every single one of us.

Comme elle est bien documentée, cette injustice frappe exagérément des femmes et les enfants. Par conséquent, de nombreuses femmes autochtones se sont buttées à la discrimination et des difficultés et même malheureusement à des tragédies. Pas la pierre des tragédies réside dans le manquement de la loi et du gouvernement à protéger les enfants autochtones qui sont forcés de quitter le foyer. Cette injustice qui (inaudible) sur les canadiennes les plus faibles et les plus démunies et ne peut durer mes amis.

The problem of which we speak - real property protection - has been documented and discussed for decades. Decades. In 1991, the Native Women's Association of Canada - this organization - first issue a report entitled Matrimonial Property Rights. That was 15 years ago. In 1997, the Royal Commission on Aboriginal Peoples addressed the issue in a comprehensive report. In 2002, the respected Cornet-Lendor discussion paper, commissioned by INAC, thoroughly documented the issue and some of its associated complexities.

In November 2003, and in November of 2004, the Senate published their report entitled "A Hard Bed to Lie In" and issued an "immediate call to action" to address this issue. And again in 2005, in the Parliament that I sat in, both the House of Commons Standing Committee on Aboriginal Affairs and Northern Development as well as the Assembly of First Nations wrote reports calling for a comprehensive and effective resolution to the issue.

So I say to you today, we have discussed this issue long enough, and it's time to act. And to those who say we cannot interfere with tradition, I say: there is nothing traditional about discrimination against women; there is nothing Aboriginal about discrimination against women; there is nothing Canadian about discrimination against women. (Applause)

That is why I announced yesterday the initiation of a process under the leadership of Wendy Grant-John which will result in a clear plan of action, an implementation strategy and legislation. It is our goal to complete this process and present consensus- based legislation to Parliament in the spring of 2007. I will work diligently and faithfully to ensure that this happens, and it is my hope that we will ultimately achieve all-party support for speedy passage of this legislation through the House of Commons. And I can tell you, ladies and gentlemen, I have spoken with all of the critics of all of the other parties in the House of Commons, and I can assure you that when this legislation arrives at the doorstep of the House of Commons, it will be received with broad support and real interest in moving this forward to protect Aboriginal women. (Applause)

We are going about this in a purposeful way. I announced the appointment of Ms. Grant-John as my representative and point person for a very specific reason. Wendy is one of the most extraordinary Aboriginal women in our country. Most of you in this room know her very well. She was elected Musqueam Chief three times. She's a former Regional Vice-Chief of the Assembly of First Nations. And her own community's involvement in the Supreme Court of Canada landmark decision of Sparrow is well known, and that case solidified Aboriginal rights in the Canadian Constitution. And Wendy pointed out to me yesterday that she was a Sparrow herself - that was, in fact, her maiden name.

But most importantly, to Wendy and to me, she is a mother and she is a grandmother. She wants to ensure that there is justice, equality and opportunity, and that these things are guaranteed for future generations of her family and of your families. Over the summer, she has been actively working with NWAC, with the Assembly of First Nations and with INAC to develop a plan of action and a framework for the consultation process. In addition, she has been meeting with key Aboriginal leaders across the country to hear their suggestions for resolution of this issue. She has been compiling a large body of information that will be instrumental in facilitating the consultation process and in formulating solutions.

And what is unique about this discussion, this dialogue, this consultation is that, for the first time, NWAC and the AFN and INAC will work together in a unified way to resolve the matrimonial property rights issue. It is also the first time that representatives from these three organizations will be going out into the Aboriginal communities across this great country of ours to listen to people and to receive their input and their recommendations on how we can implement legislation to resolve this problem.

According to Wendy, she said, and I quote, "We never before tried working collaboratively to resolve this issue. There is a willingness and a commitment by all parties to work together." And she is enthusiastic about the process. Some of you may have seen her on the national news last night speaking on this. Everyone feels part of the process, and this is huge. And best of all, according to Wendy, is that "People will be finding a solution to the problem, not government."

And that's the way that we have to work forward together solving problems, empowering and enabling people to be responsible for their own lives and their own communities, allowing people to unleash their creative potential and their power to solve problems, instead of leaving it up to the Department of Indian and Northern Affairs and to governments. And I agree with Wendy, this is an enormous step forward.

Now make no mistake, the consultation process will be emotional. Voices that have long been silenced, subdued and neglected will be heard for the first time. This will be difficult, and people will raise ancillary issues that will undoubtedly require other attention and action.

Comme on (inaudible), nous avons veillé à faire entendre le plus grand nombre de voix possibles. Nous avons écouté les jeunes et les moins jeunes, les aînés et les enfants, les femmes, les hommes, mais nous avons écouté leur (inaudible) marqué par la déception, la douleur, la tragédie et la négligence. Nous devons écouter pas simplement entendre, mais avant tout comprendre. C'est alors que nous serons en mesure de trouver des solutions vraiment justes, équitables, globales et constructives.

In conclusion, my friends, I believe that there's hope for substantial, systemic change as it relates to Aboriginal women's rights and their impacts on your children and your families. I believe there is an increasing will amongst Aboriginal and non-Aboriginal people alike to right historic wrongs. I believe that there is an emerging trust that will allow us to talk together and hear one another anew. And I believe that there is a new cooperation amongst the stakeholders - especially the stakeholders involved in this issue - that will result in action being taken by the Parliament of Canada. And I believe that the future, with some of the systemic changes that we will make, will bring new hope for Aboriginal people.

In 1963, Dr. Martin Luther King Jr., of whom I spoke, stood in front of 250,000 people, many of whom had suffered centuries of subjugation, deprivation and discrimination and he delivered his famous "I Have a Dream" speech. In it, he acknowledged the painful realities that his people faced. But he also spoke of hope. Hope to see wrongs made right. Hope for change. Hope for a better future for our children. And in the concluding moments of that historic speech, he declared,"With this faith, we will be able to hew out of the mountain of despair a stone of hope."

Certainly, Aboriginal people of Canada have suffered under a mountain of despair. But our dream, my dream, is to join with you in hewing out "a stone of hope" which will become a precious treasure to all Aboriginal people - both now and for generations to come.

Thank you. Thank you for your inspiration. And thank you for your hard work.

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