Bill S-2 ‘concern for First Nations people on reserve’

Nishnawbe Aski Nation (NAN) and the NAN Women’s Council continue to oppose a federal bill regarding matrimonial real property that is now in second reading at the Senate of Canada.
According to NAN, Bill S-2 defers responsibility of the federal government to the provinces by having First Nations notify the provincial Ministry of Attorney General of laws developed and also notify an organization appointed by the Minister of Aboriginal Affairs and Northern Development in regards to Matrimonial Real Property (MRP). This means that provincial judges will also be legislated to make decisions on homes, property and estates within First Nation communities.
Matrimonial property is defined as the family home a married couple resides in and includes all items of value acquired during the marriage.
Bill S-2 is defined as “an Act respecting family homes situated on First Nation reserves and matrimonial interests or rights in or to structures and lands situated on those reserves.”
But, Mike Metatawabin, NAN deputy grand chief said, “the proposed legislation presents a real concern for First Nation people living on reserve as Bill S-2 does not respect First Nation jurisdictional rights.”
NAN also said there is no funding attached to the Bill to support communities to develop their own laws in regards to MRP and there is a potential for the removal of people living within the family home. This will pose complications in NAN territory because a majority of homes are band owned.
“The government still has this paternalistic and condescending attitude that they have all the answers and know what’s good for the Nishnawbe Aski people, when they don’t have a clue about how things are in our communities,” said Jackie Fletcher of the NAN women’s council. “The government must stop trying to fit us into their mold.”
NAN initially opposed Bill S-2 in 2009 citing jurisdictional conflicts and that such legislation must be developed at the community level. NAN called for a five-year moratorium on MRP while developing a Family Law template for NAN communities. But, Bill S-2 was re-introduced Oct. 4.
“Bill S-2 must be halted pending changes that suit First Nations, and following proper and adequate consultation with NAN communities, while obtaining their free, prior and informed consent,” Metatawabin said.