Proceedings of the Standing Senate Committee on
Human Rights
Issue 13 - Seventeenth Report of the Committee
Tuesday, May 10, 2005
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,
A. RAYNELL ANDREYCHUK
Chair
Ottawa, May 9, 2005
The Honourable Andy Scott, P.C., M.P.
Minister of Indian Affairs and Northern Development and
Federal Interlocutor for Métis and Non-Status Indians
Room 407
Confederation Building
Dear Minister Scott:
I am writing to you in my capacity as Chair of the Standing Senate Committee on Human Rights. Further to your letter received on 7 February 2005, we noted that you had referred the on-reserve matrimonial real property matter to the House of Commons Standing Committee on Aboriginal Affairs and Northern Development. We appreciate your follow-through in keeping us informed of this issue. We do, however, wish to reiterate some of our concerns.
Firstly, we would again underscore that it is our expectation that the House of Commons Committee will do more than "examine" and "analyse" the issue. Based on what you said during your appearance before our Committee in November 2004, it was our understanding that the Department agreed that the issue had been sufficiently studied and analysed, and that it was time to move forward by implementing solutions instead of continuing to talk about the problem. As you said at that Committee meeting, it is our understanding that you indicated that you would not be asking the House of Commons Committee to undertake a study, but rather to consult the community "and produce a report that outlines a clear and comprehensive legislative framework". Pursuant to our 2003 report, our Committee understands these community consultations to include communication with First Nations women, First Nations governments, and Band councils. We trust that this is the House of Commons Committee's approach. We are looking to the House of Commons Committee to produce a report outlining such a comprehensive legislative framework without further delay for "study" and "analysis".
Secondly, we want to stress that those who are affected have waited long enough and are being denied their rights under the Canadian Charter of Rights and Freedoms. We anticipate that the House of Commons Committee will meet its deadline of June 1, 2005 so that this matter will not yet again be delayed.
Finally, we want to reiterate our recommendation that the Standing Senate Committee on Aboriginal Peoples be involved in the consultation process that is purportedly the focus of the House of Commons Committee. As noted in our December 2004 Report, members of the Senate have valuable experience to contribute to discussions of this issue, and drawing on our expertise may prove to be a valuable time-saving measure in moving to action on this important issue.
We know you will take the time to consider the concerns that we have raised, and look forward to discussing with you the House of Commons Committee's progress in the near future.
Yours sincerely,
A. Raynell Andreychuk, Senator
Chair