The Standing Senate Committee on Human Rights

has the honour to table its

SEVENTEENTH REPORT

Your Committee, which was authorized by the Senate on Wednesday, November 3, 2004, to invite the Minister of Indian and Northern Affairs to appear with his officials before the Committee for the purpose of updating the members of the Committee on actions taken concerning the recommendations contained in the Committee’s report entitled A Hard Bed to lie in: Matrimonial Real Property on Reserve, tabled in the Senate November 4, 2003, now tables the following interim report:   

On 4 June 2003, the Standing Senate Committee on Human Rights was authorized to examine and report upon key legal issues relating to the division of on-reserve matrimonial real property.  The Committee released an interim report entitled A Hard Bed to Lie In: Matrimonial Real Property on Reserve in November 2003.  Following the appearance of the Minister of Indian Affairs and Northern Development before the Committee in November 2004, at which time he advised it that the subject matter was to be referred to the House of Commons Standing Committee on Indian Affairs and Northern Development, the Committee released a second interim report.  That report, which was adopted by the Senate on 15 December 2004, contained the following recommendations:

• that both the reference to the House of Commons Standing Committee on Aboriginal Affairs and Northern Development, and the consultations that that Committee is to undertake, be done in a timely manner;
• that the Standing Senate Committee on Aboriginal Peoples be involved in the consultations to be carried out by the House of Commons Committee;
• that the Minister give strong consideration as to who is to be consulted, and include parameters for the consultation in his order of reference;
• that in referring this consultation to the House of Commons Committee, the Minister ensure that that Committee does not lose sight of the key issue, namely that women and men on reserve need to have their property rights with respect to real matrimonial property clarified; and
• that this Committee’s Order of Reference received from the Senate on November 3, 2004 be extended to December 2005.

The Committee’s Order of Reference was extended until April 30, 2006 so as to allow this Committee to continue to monitor the progress of both the House of Commons Committee and the Department Indian Affairs and Northern Development. 

The Minister replied to the Committee’s December 2004 Report by letter dated 7 February 2005, and included a copy of the letter sent to the Chair of the House of Commons Committee requesting that Committee’s advice on how the federal Crown can best address the issue with his response.

This Committee’s review of the Minister’s letter to the Chair of the House of Commons Committee has raised some concerns.  Our primary concern relates to the Minister’s request that the House of Commons Committee “examine” and “analyse” the issue of on-reserve matrimonial real property.  As this Committee stressed in our December 2004 interim report, this issue has been analysed sufficiently.  We emphasized that “action”, not “study”, was required.  In our report, we also emphasized the need for the consultations suggested by the Minister to be carried out in a “timely manner”.  Now is the time for action – those who are affected have waited long enough and are being denied their rights under the Canadian Charter of Rights and Freedoms.  We have noted that the House of Commons Committee has been seized with this matter.  Our Committee is concerned that no further delays occur.

By letter dated 9 May 2005, we have conveyed these serious concerns to the Minister and are now bringing them forward for the Senate’s attention and support.

Respectfully submitted,

Raynell Andreychuk
Chair