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press release ENG S-2 octobre BIM 2011.pdf

Kahnawake, October 27, 2011- The Conservative government recently introduced in the Senate Bill S-2 Act Family Homes on Reserves and Matrimonial Interests or Rights to address the legal vacuum that exists with respect the division of household and Matrimonial Interests or Rights for First Nations couples living on reserves during a break or death of one spouse.
The urgency to remedy this situation to ensure that people living on reserves have the same rights and protections as other Canadians has long been recognized. Specifically, it was in 1986 that the Supreme Court of Canada affirmed that the courts could not apply the provincial or territorial family laws on reserves that are under federal jurisdiction, although the Indian Act contains no provision the Matrimonial Interests or Rights.
Presented for the first time in 2008, Bill S-2 (formerly Bill C-47 in 2008, C-8 in 2009 and S-4 in 2010) and is the latest version of the approach mainly legislation passed by the federal government to address the issue. This bill would establish, after a transition period of 12 months, provisional federal rules that would include the First Nations access to provincial or territorial courts to settle their disputes until the governments of the FirstNations have adopted their own laws and codes regarding the division of matrimonial interests or rights on reserves.
Quebec Native Women (FAQ) welcomes this opportunity to address once and for all to an unacceptable situation that has persisted for far too long and places particularly Aboriginal women and their children in situations of vulnerability especially when it comes to violence family. However, Bill S-2 in its current form does not meet all the concerns expressed repeatedly by the government FAQ, particularly in access to justice and capacity building of our governments and communities.
Indeed, the formula developed by the federal government provides no additional resources to enable our communities and governments to develop and implement effective mechanisms and laws in sharing matrimonial interests or rights that are adapted to our traditions and cultures while respecting human rights. Bill S-2 rather put on the use of provincial courts so that access to the courts is often too costly or complex, particularly for remote communities. Such a legislative approach to risk and women who are victims of domestic violence at risk by forcing them to wait long for an adequate social justice, without support, or shelter.
Legislative change is also one of six possible solutions put forward by the Associates of Aboriginal women in Canada in 2008 and does not include other socio-economic aspects related to this issue such as violence, poverty and housing shortages on reserves. This demonstrates the need to address the problem of Matrimonial Interests or Rights in a much more broad and concerted focusing on capacity building of our communities.
"Yes, I would need as quickly as possible to end the legal vacuum that causes a lot of insecurity for Aboriginal women. Bill S-2 provides some form of protection in case of emergency for women, although it does not answer the key to our concerns expressed to the government for several years now. My deepest desire is rather to see our country develop their own systems that are consistent with our traditions and cultures with respect for human rights and principles enshrined in the UN Declaration on the Rights of indigenous peoples, said Michèle Audette, President of FAQ.