Women on Reserves - Canada's Most Vulnerable Group

Native women living on reserves have fewer rights than women in most countries - let alone the same rights as other women in Canada. Every woman in Canada, whether they are Canadian citizens or not, have clearly defined rights when it comes to matrimonial property such as the family home. First Nations women living on reserves do not. Provincial laws govern how such property is divided after death or marital separation, but they do not apply to land on reserves, which come under federal jurisdiction. ...

The Native Women's Association of Canada first brought the problem to the attention of the federal government 20 years ago. The lack of property rights and the chronic housing shortages on reserves force women to make heartrending choices - to remain in abusive relationships or build a new life off reserve. Women who married into another band have to apply for membership, and there's no guarantee they will be allowed back in.

The Department of Indian Affairs is now studying the final report from recent consultations by the federal government on this issue.

The Native Women's Association ... do not want the government to impose a process that is inconsistent with Native traditions - the rights of spouses to a fair share of the family home must be balanced with the collective rights of First Nations. Currently, western practices use an adversarial approach to solving marital disputes. The Native Women's Association views this method as foreign to Aboriginal culture. They advocate the development of policies and laws in partnership with Aboriginal communities to ensure that they are meaningful. ...

- Excerpt, column by Chairperson Ginette Petitpas-Taylor, Times & Transcript, April 12, 2007

LINK: Native Women's Association
LINK: MRP - Matrimonial Real Property