By Keely Ten Fingers, B.A. (Oglala Lakota Nation), Policy Analyst/ Researcher
Manitoba First Nations will get to have their say about how the issue of matrimonial real property (MRP) on-reserve should be addressed during dialogue sessions hosted by the AMC on Wednesday, November 22, 2006, and by the AFN on Thursday, November 23, 2006 and Friday, November 24, 2006. Both sessions will be held at the Radisson Hotel Downtown, 288 Portage Avenue, Winnipeg.
What is the MRP On-Reserve Issue?
The MRP issue is where a common law or legal marriage ends on-reserve, each of the spouses do not have a legal right the matrimonial "real" property. In legal terms, "real" property refers to land or anything permanently attached to the land like a house.
How Does This Issue Affect People Living On-Reserve?
Studies show that in an MRP situation on-reserve, it is most often the woman (and the children) who are made to leave the house when a common law or legal marriage ends. However, this issue affects both men and women because both lack MRP legal rights on-reserve. This is not the case for men and women living off-reserve who have these rights under provincial/territorial laws. For these reasons, the MRP issue has been identified as violating the human rights of people living on-reserve.
Manitoba First Nations will get to have their say about how the issue of matrimonial real property (MRP) on-reserve should be addressed during dialogue sessions hosted by the AMC on Wednesday, November 22, 2006, and by the AFN on Thursday, November 23, 2006 and Friday, November 24, 2006. Both sessions will be held at the Radisson Hotel Downtown, 288 Portage Avenue, Winnipeg.
What is the MRP On-Reserve Issue?
The MRP issue is where a common law or legal marriage ends on-reserve, each of the spouses do not have a legal right the matrimonial "real" property. In legal terms, "real" property refers to land or anything permanently attached to the land like a house.
How Does This Issue Affect People Living On-Reserve?
Studies show that in an MRP situation on-reserve, it is most often the woman (and the children) who are made to leave the house when a common law or legal marriage ends. However, this issue affects both men and women because both lack MRP legal rights on-reserve. This is not the case for men and women living off-reserve who have these rights under provincial/territorial laws. For these reasons, the MRP issue has been identified as violating the human rights of people living on-reserve.
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What is the Source of the MRP On-Reserve Problem? The MRP on-reserve problem exists because of a legislative gap. The provinces/territories have jurisdiction in family law matters and legislative authority to create statutory law such as MRP laws within their provincial/territorial jurisdiction. However, these laws do not apply on-reserve because "reserve" lands are federal jurisdiction under s. 91(24), Constitution Act, 1982 ("Indians and lands reserved for Indians"). While the Indian Act addresses administrative matters on-reserve, it is silent on MRP. What is Being Done at the National Level to Address this Problem? In June 2006 INAC announced it will hold consultations with First Nations and Aboriginal organizations to identify a solution to the MRP problem. Minister of Indian Affairs has appointed Wendy Grant-John as the Ministerial Representative to facilitate the consultation process, and in the event that consensus is not reached amongst participants regarding an MRP solution, she is mandated to make a recommendation to the Minister. It is the Minister's intention to table federal MRP legislation in spring 2007. The AFN has begun regional dialogue sessions with First Nations across Canada as a part of this process. Manitoba Regional Chief Whitecloud's Office is working with the AMC to plan and coordinate the AFN Manitoba dialogue session, which is confirmed for November 23-24, 2006. After all regional dialogue sessions are held, and information is rolled-up, options will be discussed at a Special AFN Chiefs Assembly on MRP in the new year. What is the AMC Doing to Address this Problem? The AMC First Nations Women's Council received support from the AMC Chiefs-in-Assembly this past August to mandate the AMC to participate in federal consultations by: (1) participating in the national AFN Dialogue Sessions which includes a Manitoba forum; and (2) hosting a regional forum focusing on related jurisdictional issues important to Manitoba First Nations, such as First Nations Citizenship and Bill C-31. (AMC Resolution no.AUG-06.07) The AMC is currently working to carry out both of these activities. What is the Purpose of the AMC and AFN MRP Dialogue Sessions? The purpose of these sessions is to identify and develop First Nations solutions to the MRP issue that work for First Nations women, families, and governments, and that protect First Nations citizens and reserve lands. The focus of the AFN session will be on a range of jurisdictional issues. The AMC session will also focus on a range of jurisdictional issues, but will focus on MRP-related issues of First Nations Citizenship and Bill C-31. Why is Bill C-31 Important to Consider in Developing an MRP Solution? Bill C-31, An Amendment to the Indian Act was implemented in 1985 to address an earlier provision in the Act that discriminated against women. The Bill reinstated status to women who had lost their right to Indian status by marrying a non-Indian. It also introduced new rules (s. 6(1) and s. 6(2)) governing who is or is not eligible to be registered as an Indian. These rules discriminate against children who have one parent that is not a recognized Indian under the new rules. Based on Bill C-31 impact studies, it is projected that a growing proportion of the Manitoba First Nations population will not be eligible for band membership and/or Indian status. Given this situation, and the overall denial of First Nations Self-Governance and Nationhood, including the right to determine our own Citizenship, First Nations face many complex and challenging issues to consider in developing solutions to MRP. For example, should Band Membership and/or Indian status be amongst the deciding factors in determining who gets the family home when a common law or legal marriage breaks down? If it is decided that these should be factors, in the long-term, Manitoba First Nations may experience a situation where there are no more band members and/or Status Indians remaining to be awarded the family home in a situation of MRP on-reserve. This will eliminate all Nationhood, political and legal rights to survive as Self-Determining, Self-Governing Nations. What are the Challenges in Finding a Solution? A first challenge is the actual limitations of the consultation process. There is an unreasonably short timeline for the participation of First Nations in finding solutions to this critical issue. A second challenge is that there are many other jurisdictional issues such as First Nations Citizenship that need to be resolved as these relate significantly to the MRP issue. Another challenge is that application of provincial/territorial MRP laws on-reserve is prominent amongst federal legislative options proposed by INAC. All three options proposed by INAC are federal legislation: (1) To make Provincial/Territorial MRP Laws to apply on-reserve automatically.First Nations have many concerns with applying provincial/territorial MRP laws on-reserve. Not only is this impractical, as private land ownership is possible under provincial/territorial lands and not reserve lands, and there are many barriers to accessing the provincial justice system; but there is a major concern that First Nations rights, governments, and jurisdiction will be further eroded. Therefore, it is most critical that First Nations are fully informed and participate in identifying and developing well-informed solutions to MRP in order to protect First Nations Citizens and Lands. How Will Manitoba First Nations Be Involved? Manitoba First Nations Chiefs and Councils have been invited to designate one representative from each First Nation to attend these sessions. As the forum facility can only accommodate limited numbers of participants, other opportunities for input into the dialogue session includes providing written submissions. More information on this option will be made available soon. Who Do I Contact if I Would Like More Information on the MRP Issue or Sessions? Keely Ten Fingers, AMC Policy Analyst, at (204) 956-0610 or at 1-888-324-5483 (toll-free). |
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By Keely Ten Fingers, B.A. (Oglala Lakota Nation), Policy Analyst/ Researcher ARTICLE On March 8, 2006, International Women’s Day, the Assembly of Manitoba Chiefs (AMC) First Nations Women’s Council (FNWC) issued a 10-year challenge to all levels of government and First Nations governments to work to improve the lives of First Nations women in Manitoba. The poor health status, as well as the legal, political, economic and social marginalization Manitoba First Nations women experience—especially those living on-reserve—are welldocumented. The FNWC recognizes that this situation is a result of colonization and can only be addressed through recognizing, implementing and protecting the unique bundle of rights that First Nations women have, including basic human rights as well as treaty, aboriginal and inherent rights. For example, unlike other women in the province, First Nations women onreserve do not have the right to real property (e.g., home) when their legal or common-law marriage breaks down. This issue of on-reserve matrimonial real property means that First Nations women are left homeless and may have to leave the reserve to find living accommodations elsewhere given the on-reserve housing situation. Currently, government is recommending that provincial laws in this area apply on reserve. First Nations leaders, including FNWC members, reject this recommendation stating that First Nations have a right to develop and implement our own laws consistent with our cultures and right to be selfdetermining. Therefore, the FNWC also recognizes that improving the lives and situation of First Nations women in Manitoba is not just an issue of gender equality, but is an issue of Self-Determination, Self-Governance, and Nationhood as well as preserving and maintaining our unique cultures. These principles form the basis of FNWC goals and objectives, including working towards developing and implementing our own citizenship and property laws and governance structures; and policies, laws and other measures to end violence against First Nations women and in our communities, among others. To these ends, specific initiatives include: Other ongoing activities include establishing a Women's Secretariat within AMC; capacity building, including young women's summer leadership program; and coordinating a Manitoba First Nations Women's conference on a range of issues such as business development, domestic violence, and to provide direction to the FNWC and AMC regarding community women's concerns. The FNWC looks forward to continuing its work as well as increased supports and partnership development with First Nations leaders and governments, and all levels of government, which are imperative in meeting the 10-year challenge (by 2016) of making substantial improvements to lives of Manitoba First Nations women. For more information please contact Keely Ten Fingers, AMC Women's Issues Policy Analyst, at 204.956.0610. |
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| STAFF Keely Ten Fingers, B.A. (Oglala Lakota Nation), Policy Analyst/ Researcher Karen Harper, Administrative Assistant INTRODUCTION Through resolution, the Chiefs in Assembly directed the inclusion of First Nations women leaders in the governance structure of the AMC and to establish venues for First Nations community women to express their concerns, issues, and recommendations for action. AMC responded to this directive through the establishment of the First Nations Women’s Committee (FNWC) and the proposed First Nations Women’s Secretariat. Current members of the First Nations Women’s Committee include: Chief Tina Leveque, Chair, Brokenhead Ojibway Nation (Chair); Chief Viola Eastman, Canupawakpa Dakota Nation; Councillor Phyllis Contois, York Factory Cree Nation; Councillor Yvonne Bearbull, Birdtail Sioux Dakota Nation; Councillor Kathy Merrick, Pimicikamak First Nation; Councillor Debbie Chief, Brokenhead Ojibway Nation; Councillor Valerie Whyte, Mathias Colomb First Nation; Councillor Rachel Swan, Lake Manitoba First Nation (recently appointed); and, Councillor Bella Bone, Keeseekoowenin First Nation (recently appointed). KEY ISSUES/CHALLENGES Funding remains a challenge to establishing the First Nations Women’s Secretariat as well as undertaking the work required to address key issues facing First Nations women, including activities of the First Nations Women’s Committee. However, proposal submissions are being developed and submitted to potential funding entities on an ongoing basis. Lobbying for increased support, both funding and political, is also ongoing within First Nations organizations and governments. A priority issue is Bill C-31, which pertains to the provisions within the Indian Act that determine status. While the FNWC has taken a lead on this issue, it affects everyone, because it creates a situation where loss of status can take place in as little as two generations. Associated with this loss of status is the loss of access to Indian and Northern Affairs Canada (INAC) and Health Canada (HC) services and programs, such as non-insured health benefits, post-secondary education, social assistance, etc. INAC policies and practices regarding implementation of Bill C-31 create situations where incorrect registration occurs and loss of status is accelerated. A second key issue is on-reserve matrimonial real property, whereby a First Nations women on-reserve does not have any right to the home or other real property in the situation of the breakdown of a common law or legal marriage. While the Federal Government continues to study this problem, the issue is being addressed through the court system. A recent legal judgment rendered in provincial court was unfavorable for First Nations and signified imposed provincial law on-reserve on this issue. First Nations maintain that First Nations laws in this area should be developed and provincial laws should not apply. Some First Nations have de facto laws in place whereby the interest of the child is the determining factor of division and possession of matrimonial real property on-reserve. The government has stalled its funding announcement of $5 million (to be allocated over five years) to follow up on the recommendations of the Sisters in Spirit Report regarding violence against aboriginal women. First Nations women in Manitoba support regional allocation of these dollars to ensure appropriate measures are taken to address the issue in the region. Other key issues include the health and well-being of First Nations women, and justice issues, including the pending closure of the Portage Women’s Correctional Facility and establishment of a new facility. LINKAGES TO FIRST NATION COMMUNITIES A primary linkage to First Nations community women is through the FNWC who bring forth the issues and concerns of women in their respective communities and in their tribal council areas. Also, the Policy Analyst and members of the FNWC are often invited to community women’s meetings, such as those held by the Dakota Ojibway Tribal Council Women’s Group and the Roseau River Anishinaabe First Nation Women’s Council. Lastly, research activities, such as the upcoming Northern Aboriginal Women’s Health Research Project which is a partnership between the AMC through the FNWC, Prairie Women’s Health Centre of Excellence (PWHCE) and others, provide First Nations community women with the opportunity to set the research and political agenda by identifying their priority health and other issues. STATUS OF ACTIVITIES The FNWC have been instrumental in engaging vital research and other activities required to address Bill C-31. This includes contracting Stewart Clatworthy, Four Directions Consulting, to undertake a Bill C-31 impact study on northern Manitoba First Nations, which serves to compliment his 2001 impact study on southern Manitoba First Nations. Also, the FNWC helped coordinate a June 24, 2005, First Nations Citizenship Symposium open to all First Nations across Canada, which resulted in a number of recommendations for immediate action put forth for implementation through resolution at the Assembly of First Nations Annual General Assembly in Yellowknife, July 2005. FNWC Chair Chief Leveque also moved a December 2004 AFN resolution calling for an AFN national conference on the issue hosted by AMC, which is tentatively scheduled for September 2005. Policy Analyst and other AMC and Tribal Council Social Development Advisors have held preliminary discussions with INAC officials regarding revision of the prevention component of the INAC’s Family Violence Prevention program. By the end of July 2005, the FNWC, PWHCE, and others will have a plan of action in place to undertake the Northern Manitoba Aboriginal Women’s Health Research Project. Ongoing research, policy analysis, position development, proposal development and lobbying continue in order to address all other priority issues identified in this report. ACCOMPLISHMENTS • AFN Chiefs-in-Assembly support through resolution of National Conference on Bill C-31 hosted by AMC. (December 2004) |
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Written for the 2005 Ogimaakaan by Keely Ten Fingers
On March 8, 2005, the First Nations Women’s Committee of the Assembly of Manitoba Chiefs hosted an event, “Celebrating First Nations Women in Leadership”, to commemorate International Women’s Day. This day is celebrated by women’s groups around the world in recognition of the challenges and successes in ensuring equality, peace, development, and social justice for women. The UN states that this is a day where women can “. . . come together to celebrate their day, they can look back to a tradition that represents at least nine decades of struggle. . . ” However, the struggle for First Nations women extends even further back into history, and our present situation indicates this struggle will continue long into the future unless things change dramatically and immediately. This is especially problematic considering, the words of Dakota Elder Doris Pratt, “women are the mothers of the whole tribe.” A snapshot of the health status of First Nations women indicates that we are doing much worse than other populations: • The life expectancy for First Nations women in Manitoba is just over 8 years less than other women in Manitoba, 73 years versus 81 years, respectively (Manitoba Centre for Health Policy, 2002). • Over 40 per cent of First Nations women aged 55 years and over are diabetic compared to 25 per cent of First Nations men. • While First Nations men are twice more likely to die from diabetes complications than their non-First Nations counterparts, First Nations women are four times as likely. • While Manitoba has the highest rate of teen pregnancy in Canada, First Nations in Manitoba experience a rate three times that (DIAND). • Over 23 per cent of all First Nations births between 1990 and 1994 were to First Nations teen mothers less than 20 years of age. Ninety per cent of these births were to women who were single. This last statistic is very significant not only socially, but also politically and culturally, because of the issue of Bill C-31. This amendment to the Indian Act was implemented in 1985, and determines who is and is not eligible for “Indian status.” Under this amendment, status is determined by parentage, or the status situation of the child’s parents. For instance, a child is registered under Section 6(1) if both of the child’s parents are (or are entitled to be) registered. The child is registered under Section 6(2) when one of the child’s parents is (or is entitled to be) registered under Section 6(1) and the other parent is not. Single parenthood is related to Bill C-31. It is the policy and practice of Indian and Northern Affairs Canada (INAC) to automatically assume that a child’s father is not registered if his identity is not disclosed. This is often referred to as “unstated paternity”, and in this situation, a child could be incorrectly registered under Section 6(2) or not registered at all, depending on the status situation of the mother. Under the rules of Bill C-31, status can be lost in as little as two generations: Loss of status is accelerated by unstated paternity. Manitoba First Nations experience the highest rate of unstated paternity nationally (Clatworthy, 2002). There are other instances where incorrect registration is occurring. A preliminary study undertaken by the Assembly of Manitoba Chiefs suggests that children-in-care are being incorrectly registered or not registered (AMC, 2003). This study examined data from eight different First Nations communities in one Child and Family Services Agency. There were a total of 427 cases, and out of these cases, 152 were registered as 6(1)s, 181 were registered as 6(2)s, and 94 had unknown status. However, further analysis of data revealed that 64 per cent of these cases had more than reasonable grounds for 6(1) registration. The impact of Bill C-31 continues to be First Nations people losing status to the point of extinction by five generations (Clatworthy, 2001). This may occur faster in some Manitoba First Nations than in others. A 2004 study undertaken by Brokenhead Ojibway Nation indicates that in two generations or 50 years, there will be no status people in Brokenhead. Chief Tina Leveque, Brokenhead Ojibway Nation, and other members of the First Nations Women’s Committee continue to work to gain support both regionally and nationally in dressing this matter immediately, through research and coordinated political action. The Assembly of Manitoba Chiefs commissioned a report to assess the Bill within the context of international human rights covenants and Canadian law. The First Nations Women’s Committee will be undertaking a province-wide study to assess the impacts of Indian Act registration on current and future populations of all First Nations in Manitoba (follow-up to a June 2004 Chiefs-in- Assembly Resolution). The Committee looks forward to working cooperatively with each First Nation and Tribal Council in Manitoba to ensure this much-needed research is completed. This will contribute to discussions of a regional strategy, but will also enable Manitoba First Nations to engage in national discussion on the issue. At a 2004 AFN Executive Committee meeting, it was recommended the resolution directing AFN to hold a national conference, hosted by AMC in 2005, be implemented. A Special Chiefs Assembly on First Nations Governments will be held by the Assembly of First Nations in Vancouver, B.C., March 29-31, 2005. The First Nations Women’s Committee sees this as an opportunity to ensure the issue of Bill C-31 and citizenship as nationhood is a priority issue and immediate and committed action is taken. Bill C-31 and the issue of citizenship, which is one of the fundamental elements of Nationhood and Self-Governance, are issues that affect all First Nations people, not just First Nations women. However, the same can also be said of many issues that have been deemed “women’s issues”. For instance, the issues of on-reserve matrimonial real property and violence against women are issues that all First Nations people should be concerned about. Just as the issue of Bill C-31 impacts First Nation Self-Determination and Self-Governance, so, too does the issue of matrimonial real property. On-reserve matrimonial real property is the issue where First Nationswomen on-reserve do not have legal right to the home or any other real property upon dissolution of a legal or common law marriage. In 2003, the Senate Standing Committee on Human Rights was given the mandate to study the problem. Their major recommendation was that provincial laws with respect to division of real property upon breakdown of a marriage should apply on-reserve. Thus, this issue is rooted in First Nations Self-Governance and the ability of First Nations to make and implement our own laws. The issue of violence against women is another issue that all First Nations people should be concerned with. This violence happens not only on-reserve, but everywhere First Nations people live. The scope of the problem has been documented most recently by Amnesty International in their “Stolen Sisters” report. Many have commented that the displacement of cultural values, including the sacredness and value of First Nations women, has contributed to situations of violence. Safe homes and safe communities are needed for First Nations women to take on their role as “mothers of the whole tribe” in a new way. In this way, every one in the family and the community can have a role in creating healthy environments for women. The Assembly of First Nations has passed a resolution declaring 2005 as the “Year of First Nations Women”. The AMC First Nations Women’s Committee looks forward to working with First Nations women, leaders, families, and communities in making this upcoming year a banner year for First Nations women in Manitoba. We are extremely encouraged by the initiative that some community women have already taken. Councillor June Laroque and the Roseau River Women’s Group are informing and discussing issues they face on-reserve, and are reaching out and meeting with their urban counterparts. Councillor Ruth Roulette and women of Long Plain First Nation are organized, and with the Leadership, have established a resource centre. Dakota Ojibway Tribal Council has worked with Councillor Yvonne Bearbull, Birdtail Sioux First Nation, to bring together female leaders of DOTC. |