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ADDRESSING MATRIMONIAL PROPERTY RIGHTS ON RESERVES: CANADA, AFN AND NWAC MOVE FORWARD WITH CONSULTATIONS

OTTAWA, ONTARIO (September 29, 2006) – The Honourable Jim Prentice, Minister of Indian Affairs and Northern Development and Federal Interlocutor for Métis and Non-status Indians, accompanied by Beverley Jacobs, President of the Native Women’s Association of Canada (NWAC), and Phil Fontaine, National Chief of the Assembly of First Nations (AFN), today launched the second phase of a national consultation process on the issue of the division of matrimonial real property on reserve.

During this phase, consultation and dialogue sessions will take place in communities across the country. The consultations are scheduled to end in January 2007, after which, Wendy Grant-John, the Ministerial Representative appointed on June 20, 2006, will provide a final report, with recommendations, to Minister Prentice.

“The issue of matrimonial real property on-reserve is highly complex, but its impact on a number of First Nation families has been simply devastating,” said Minister Prentice. “This joint initiative with the AFN and NWAC is a major advancement in addressing a situation that is unacceptable. Through our combined efforts, I am confident that we will be able to introduce measures that will reflect real change in First Nations communities across the country.”

The AFN will conduct dialogue sessions with representatives of over 630 First Nations, NWAC will ensure that the voices of women are heard, and INAC will consult with the provinces, territories and other interested organizations not represented by NWAC and AFN. As Ministerial Representative, Ms. Grant-John will help facilitate these sessions, oversee progress and ensure the sharing of results in the effort to find a solution.

“Today marks an important first step towards finding solutions from Aboriginal women and their children who have survived the conditions imposed on them from not having access to their home,” said NWAC President Beverley Jacobs.

"We need to apply First Nations solutions that are based on our traditions, that accommodate human rights, and acknowledge the traditionally strong role of First Nations women in our communities," said AFN National Chief Phil Fontaine. "The AFN is ensuring that it has the necessary resources to engage in an effective dialogue because resolving this issue means finding solutions that go beyond the mere division of matrimonial real property on reserve."

At present, when there is a breakdown of a marriage or common law relationship on reserve, there is no legal provision for an equitable division of the matrimonial real property, that is the family home and the land on which it is situated. The Indian Act, which governs most aspects of reserve life, is silent on the issue. The goal of the consultations is aimed at filling this legislative void and ensuring the well-being and security of families living on reserves.

Since the appointment of the Ministerial Representative on June 20, INAC, AFN and NWAC have been working with Ms. Grant-John to develop and finalize their respective consultation plans. To date, a consensus has already emerged on the need to settle the issue of the division of matrimonial property on reserves as quickly as possible.

For more details of the consultations, contact:

Indian and Northern Affairs Canada: 1-800-567-9604
The Assembly of First Nations 1-866-869-6789
The Native Women's Association of Canada 1-866-796-6053

For more information:

Deirdra McCracken
Press Secretary
Office of the Honourable Jim Prentice
819-997-0002

Don Kelly
Director of Communications
Assembly of First Nations
613-241-6789 ext.320

Sandy Morriseau
Team Lead, Communications and Education
Native Women’s Association of Canada
613-722-3033 ext.252

View press conference with Minister Prentice, Wendy Grant-John, Beverley Jacobs and Phil Fontaine

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