There has been a serious loophole in legal protection for Canada’s aboriginal women when a marriage fails, and our federal government has drafted a law to fix it.

At long last, our aboriginal women stand to benefit from legislation that will provide them with matrimonial real property rights on-reserve. When most Canadian couples suffer from a breakdown of their conjugal relationship, there is legal protection to ensure the assets of the marriage are distributed equitably between the partners. Not so for couples who reside in communities governed by the Indian Act. Canada is long overdue in providing aboriginal women with the same rights as their off-reserve and non-aboriginal counterparts.

In early March, this important legislation was introduced by the Honourable Chuck Strahl, Minister of Indian Affairs and Northern Development, as well as the Honourable Josée Verner, Minister of Canadian Heritage, Status of Women and Official Languages. The short title of the legislation is Family Homes on Reserves and Matrimonial Interests or Rights Act, otherwise known and Bill C-47.

This initiative is part of the federal government’s plan to take real action to repair an intolerable and inexcusable legal loophole that shouldn’t exist. Aboriginal women have been suffering because this change was never made for them. Non-aboriginal women in failed marital relationships have been protected for many years, and this simply isn’t right.

Bill C-47 is also of great benefit to children. When a relationship breaks down, it is often the woman who is left to support the children. Those women especially need legal access to matrimonial real property to perform those duties effectively. Many people are surprised to learn that aboriginal women are not protected now, which is just one more indication that there’s a pent-up need for this legislation.

Bill C-47 is the product of nationwide consultations with First Nations members, leaders, national organizations, and the provinces and territories. Arriving at a consensus proved a challenge because some elements of aboriginal society were not in accord with the equality this government is seeking. Ultimately, we believe the individual and collective rights of First Nations communities will be well-served as they strive to develop their own community-specific laws.

We are challenging the opposition parties to break the silence of the Indian Act. Otherwise, aboriginal women and children will continue to receive less protection than non-aboriginals. And that would be unfair, untenable and continue to hold back progress on Canada’s reserves.

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