Thank you very much, ladies and gentlemen, Madam Chair, colleagues, and fellow parliamentarians.
Let me just begin by saying that the steps we announced this week in respect of moving forward on matrimonial property are steps that I regard as extremely important. This is an initiative that I regard as very important. In the time that I've been in Parliament, prior to the time, even, that we were in government, I have been moved by the people I've met concerning this issue, many who would describe themselves as the poorest of the poor in our society and who I think deserve our attention as parliamentarians in dealing with this issue.
It's an issue that cuts across party lines. I've had discussions with all of the critics from each party in the House of Commons, and I think there's a high degree of consensus surrounding this issue and a great deal of goodwill. I certainly hope that carries through in the process. I'm pretty confident in saying that every single person who's at this table today probably shares my desire to see us move forward on this issue, move forward expeditiously, do it in a way that we'll have broad support in the country and that the rights of aboriginal women will be brought in line with other Canadian women. I just make those comments as I begin.
I would like to thank the standing committee formally for the opportunity to be here, and to highlight how we're going to go forward and what we're doing to help resolve this issue of matrimonial real property as it affects aboriginal women and children and families on reserve.
The government is deeply concerned about all forms of discrimination and violence against Aboriginal women. We are committed to providing support where it is needed and we are determined to resolve, once and for all, the longstanding issue of matrimonial real property on reserves.
For me, personally, this is an extremely important issue. During my years in politics I have spent a great deal of time talking to the members of the Native Women's Association and their voices have moved me. I want to ensure that Aboriginal women are protected and that there are matrimonial property rights for Aboriginal women living on reserves.
Evidence shows that the issue of matrimonial real property affects a disproportionate number of first nations women and children, especially those experiencing family violence. When a marriage or a common law relationship breaks down, many women who live on reserve do not hold a certificate of possession, or do not have ownership, by custom, of the family home, and they are forced to leave. When there's no alternative to on-reserve housing, these women and children are forced to leave their communities.
Again, I think all of us around the table are fully aware of how many women are living in urban Canada very often in circumstances of poverty. They have essentially been driven there by the circumstances of a lack of protection for their matrimonial home. Matrimonial real property on reserves is therefore obviously a pressing equality issue, and it's a human rights issue that we are all committed to resolving. Human rights have to be protected, regardless of where people live in Canada.
The Indian Act does not include provisions for the division of matrimonial real property in the event of a marital breakdown, and provincial law is also limited on reserve with regard to these issues. I think everyone is aware that this extends back, as I recall, to 1986 and the Derrickson case, a decision by the Supreme Court of Canada that essentially said that provincial matrimonial property laws do not apply on reserve.
Moreover, self-government agreements do provide an opportunity to address the legislative gap, but of course we do not have self-government agreements in place in most first nations. There are 617 first nations across Canada. At this point, there are, as I recall, only 17 that have self-government agreements in place.
So obviously that is not a fulsome protection of matrimonial property rights. There are essentially close to 600 first nations with no protection.
Self-government agreements will specify that first nations will develop rules and procedures to address matrimonial real property. Westbank is a good example of that, specifically with respect to the use, occupation, and possession of reserve land and the division of interests in the case of marital breakdown.
And while the Indian Act currently is silent with respect to the division of the matrimonial home upon marriage breakdown, the First Nations Land Management Initiative enables participating First Nations to enact laws with respect to matrimonial real property. But more needs to be done.
As committee members are aware, on June 20 I announced a series of measures that we will be proceeding with to help improve the lives of aboriginal women, and particularly aboriginal women and children, by ensuring that their fundamental rights are respected. These are measures that will tackle some of the devastating obstacles, including the issue of matrimonial real property, that for far too long have hampered the lives of aboriginal women and their children and the health of their communities.
Our first measure directly addresses the issue of matrimonial real property and its potential negative impacts on women, children, and families. Under this measure, consultations on this issue involving Indian and Northern Affairs Canada, the Native Women's Association of Canada, the Assembly of First Nations, and other organizations will begin this fall. The objectives will be to bring forward options, including specific legislative options that can be introduced into the House of Commons.
I'm very pleased to confirm that Ms. Wendy Grant-John has agreed to assist in the consultation process as my ministerial representative. She will be essentially responsible for the consultation process as my personal designate, responsible to shepherd the consultations along, responsible to bring back to me as the minister a legislative solution that I can bring to you as parliamentarians to decide upon in the House of Commons.
Ms. Grant-John will work with the Native Women's Association of Canada and the Assembly of First Nations in developing first a plan of consultation that will help facilitate the process to ensure that all interested parties are heard. She will then present specific recommendations for action, including legislative solutions.
Ms. Grant-John is very knowledgeable about this issue and is well-known and respected by Aboriginal organizations and communities. A former Chief of the Musqueam First Nation, she is a National Aboriginal Achievement Award recipient who has devoted her 30-year career to strengthening First Nations communities, cultures and economies.
As you know, the Government of Canada has already done a lot of work examining the issue, including research reports by my department and information sessions across the country with First Nations communities and Aboriginal organizations.
In addition to the work of your committee, the Senate Standing Committee on Human Rights held hearings on matrimonial real property and provided us with the valuable and insightful report that has really been of great assistance to my department and to all of us as parliamentarians. I think we're all also aware of the work of the House of Commons Standing Committee on Aboriginal Affairs and Northern Development in the last Parliament that increased our store of knowledge and clarified perspectives on this issue.
I think it's worth pointing out that the approach we are following is essentially the approach that was recommended in the last Parliament by the standing committee, in terms of proceeding with consultations.The result is that consultations will therefore build on a solid foundation of research, hearings, and reports, but, most importantly, we know the time has arrived for concrete action and for real change.
As the title of the standing Senate committee report encapsulates it, “Walking Arm-in-Arm” is our way forward. Working together with the aboriginal organizations, with NWAC and the AFN and the communities, we will succeed in bringing down the barriers that continue to impede aboriginal women and children in this country from exercising their full rights as Canadian citizens.
The second measure that I announced on Tuesday will focus on strengthening programming to prevent family violence through a broad range of services for aboriginal women, children, and families. To this end, my department is currently working with other federal departments, aboriginal organizations in the provinces and territories, as well as experts in the field of family violence, including experts who administer and operate shelters. By early fall, I plan to be back to articulate options for improved programming that will be more effective in reducing family violence.
I will be proud to champion all these measures which will help Aboriginal women and their children to feel safe and secure in their own homes and communities, and to enjoy their fundamental rights as Canadian citizens. That is very important.
Thank you once again, ladies and gentlemen, for this opportunity to address this important issue. As we work forward, I very much look forward to having the support of this committee and all of the people at the table. As I said in my opening remarks, I have spoken to enough of you to know that you share my desire that this Parliament act on this issue and that this Parliament translate the good work that's been previously done across party lines, in the Senate and in the House of Commons, into specific action that is going to protect aboriginal women.
Thank you.
