And now:[EMAIL PROTECTED] (S.I.S.I.S.) writes:
NATIVE WOMEN'S GROUP SUES INDIAN AFFAIRS MINISTER
Canadian Press, June 16, 1999, by Sue Bailey
[S.I.S.I.S. note: The following mainstream news article may contain biased
or distorted information and may be missing pertinent facts and/or context.
It is provided for reference only.]
OTTAWA (CP) - A lawsuit filed against Indian Affairs Minister Jane Stewart
and the federal government Tuesday contends Ottawa has failed to protect
the rights of divorcing native women and their children.
"Native women are the only women in this country that do not have any
protections or family laws on reserve," said Marilyn Buffalo, president of
the Native Women's Association of Canada. Many are made homeless during a
divorce because the occupational claims of husbands on reserves are usually
honoured, added Mary Eberts, the association's legal adviser.
The group's statement of claim, unproven in court, takes issue with the
First Nations Land Management Act, passed Friday in the Commons, and the
Indian Act.
"The problem with both of these is that neither one of them has any
provision that is similar to that which is found in provincial family law
that would assist aboriginal women and children on the breakdown of their
conjugal relationships," Eberts said. That's because of a Supreme Court of
Canada ruling that the federal government has jurisdiction over native
lands, Eberts said. It's a legislative gap in the Indian Act that has
never been closed, she added.
Fourteen native bands in British Columbia, Ontario, Alberta, Saskatchewan,
Manitoba and New Brunswick are affected by the new land management act.
It gives bands sweeping powers to expropriate reserve lands for community
use, draft land codes and divide matrimonial land in a divorce. The act
will extend to other native communities as agreements are made with Ottawa.
The Native Women's Association contends the act violates equality rights
under the Charter of Rights and Freedoms and aboriginal rights guaranteed
by the Constitution. It also forces native women - "the poorest of the
poor" - to fight unfair decisions in court, Buffalo said.
Others see the legislation differently. It has been hailed by the
government and other native groups as a major step on the road to native
self-government. The 14 affected bands have 12 months to set up their own
laws that must treat men and women equally and be approved by all members,
said Kerry Kipping of Indian Affairs.
Government officials are meeting aboriginal groups to launch a
fact-finding mission on how native women on other reserves are affected by
divorce. "We recognize that there is a need to address the legislative gap
regarding matrimonial property rights," said Sandra Ginnish of the Indian
Affairs legislation, research and cabinet affairs branch.
Others stressed that the Native Women's Association does not speak for all
aboriginal women. "Marilyn Buffalo has no concern with the Nipissing First
Nation," said Margaret Penasse-Mayer, chief of the 1,800-member band near
North Bay, Ont., which signed on to the land management act. "In our
community, whoever has custody (of the children) stays in the house."
That's custom, but the new deal means there will be community-made laws to
govern such situations in future, she said.
Lawyer Patrick Orr, who represented the 14 First Nations, said a small
percentage of married men in those bands hold land in their name alone. In
six of the 14 communities, the number of female land holders with sole
possession runs from 22 per cent to 43 per cent, according to the Interim
Lands Advisory Board. "I think it will go nowhere," Orr said of the
lawsuit.
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In accordance with Title 17 U.S.C. section 107, this material is
distributed without profit or payment to those who have expressed
a prior interest in receiving this information for non-profit
research and educational purposes only.
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S.I.S.I.S. Settlers In Support of Indigenous Sovereignty
P.O. Box 8673, Victoria, "B.C." "Canada" V8X 3S2
EMAIL : <[EMAIL PROTECTED]>
WWW: http://kafka.uvic.ca/~vipirg/SISIS/SISmain.html
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