CALGARY: The Canadian Taxpayers Federation's responded today to the federal government's announcement it will begin a cross-country consultation process to discuss matrimonial property rights on Canada's native reserves.

"This consultation process to discuss the need for matrimonial property rights on Canada's native reserves is long overdue. Since the Indian Act does not deal with matrimonial property rights, the Act should be amended to allow for the appropriate provincial or territorial family laws to apply on Canada's native reserves," stated CTF Policy Reform Director Tanis Fiss.

Throughout Canada, provincial family law governs the division of assets and child custody upon dissolution of marriage. Canadian courts have ruled that only the Indian Act can apply to property on reserves. Regrettably, the Indian Act is mute on the subject of matrimonial property rights.

The Department of Indian Affairs website states, "According to anecdotal evidence, the issue of on reserve matrimonial real property disproportionately affects aboriginal women and children, especially those experiencing family violence. On the breakdown of a marriage or a common-law relationship, many women living on a reserve who do not hold the Certificate of Possession [home-ownership], are forced to leave their family home, and in cases where there is no alternative on reserve housing, their community."

"As this consultation process works its way across Canada, Canadians will become more aware of the plight of native women and children who live on reserves. Given the speed at which politicians have dealt with native issues in the past, it will likely take a great deal of public pressure to force politicians to act for the benefit of native women and children," concluded Ms. Fiss.

The Canadian Taxpayers Federation's Policy Reform Division plans to testify before the aboriginal matrimonial real property rights committee.