CAP APPLAUDS FAIRNESS OF PROPOSED MATRIMONIAL PROPERTY RIGHTS LEGISLATION

{OTTAWA, ON - March 5, 2008}  Legislation intended to bring about equitable distribution of matrimonial real property in the event of marriage breakdown represents a progressive step towards offering First Nations families means of escaping the paternalistic, prescriptive provisions of the Victorian-era Indian Act.

So thinks the Congress of Aboriginal Peoples (CAP), following the introduction yesterday of proposed legislation by the Harper government seeking to end the Indian Act’s silence on matrimonial property rights. 

National Chief Patrick Brazeau affirmed the importance of the proposed legislation, while reiterating the Congress’ long-standing call for such measures.  “CAP has been calling for action to protect the matrimonial property rights of women for almost a decade now.  The Indian Act’s silence on this issue was yet another example that the rights of First Nations peoples were considered secondary to those of other Canadians under the oppressive measures of this outdated, colonial statute” said the National Chief.

CAP received a commitment from Stephen Harper during the 2006 election campaign that, if elected, his government would deal with this matter.  Chief Brazeau was pleased to see the introduction of stand-alone legislation rather than an amendment to the Indian Act, and considers this move evidence of a promise kept.

Though extensive consultation with First Nations and other national Aboriginal organizations was undertaken around the development of these measures, National Chief Brazeau was disappointed by the reaction of some to the legislation’s introduction. 

“I know that some among the First Nations leadership may find this proposed legislation difficult and challenging.  Yet, it’s important to consider that the collective rights of First Nations peoples – so important to the on-reserve leadership – cannot and will not be realized without the full recognition of the individual and human rights of First Nations citizens within their families, their communities and their historical nations,”

The National Chief urged the First Nations community to consider this matter in the broader context. “Any measures which seek to improve the lives of First Nations people and the protection of their rights, while ending the punitive nature of elements of the Indian Act, are worthy of support and should be celebrated,” said Chief Brazeau.

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Al Fleming
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al@abo-peoples.org

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