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Harper government ignoring Aboriginal communities on Bill C-8

Posted on May 14, 2009
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Liberals are calling on the Harper Conservatives to delay the passage of Bill C-8 after the government failed to properly consult First Nations governments in the development of the bill. Bill C-8 concerns the division of real property on First Nations reserve lands when couples separate.

“We do not question the need for legislation to address the very real problems when family breakdown occurs for Canadians living on reserve,” said Liberal Aboriginal Affairs Critic Todd Russell. “However, the Conservative government failed in its constitutional duty to consult First Nations in the development of this bill.

“We believe this bill should be deferred for six months so that the government can properly consult First Nations communities on what changes they believe are necessary. The bill in its current form imposes a default law on First Nations communities, without ensuring that First Nations have the resources or capacity to develop their own codes. First Nations are rightly upset by this.”

The Native Women’s Association of Canada (NWAC) and the Assembly of First Nations (AFN) have been highly critical of the Conservative bill, arguing that the government is attempting to impose a “one size fits all” solution on a diverse group of more than 600 First Nations communities, each with its unique needs, said Mr. Russell.

“First Nations women’s groups have specific concerns with this bill, which is why the government needs to take a second look,” he said. “For example, their bill mandates that ‘verification officers’ play an active role in the development and approval of local matrimonial real estate property regimes. First Nations see this as an insulting throwback to the use of Indian Agents.

“We’re saying to the Harper government, let’s take the bill off the table so that Aboriginal communities can be properly consulted about these matters. Their concerns cannot be dismissed, and the government should take the time and the steps to do things right,” Mr. Russell said.

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