With regard to the report of the ministerial representative on matrimonial real property from 2007—and this touches a bit on the concerns Madame Audette raised about the difference in resources—she says on page 75 in her report:
If First Nation governments are to be looked to, to provide rights and remedies comparable to those available under provincial and territorial laws, while taking into account the distinct nature of the land regime in First Nation communities, there must be a comparable scope of recognized jurisdiction, resources, capacity and institutional development. Otherwise First Nations would be placed in a catch-22 situation—they would be held to the same standard as provincial governments but not have the resources and capacity to achieve it.
Have either of your departments done an analysis of the gaps between what is available to first nations on reserve versus what would be available in terms of legal aid, access to police officers, and the ability to enforce these? Have you done that kind of analysis of this legislation?