Ruminations

Blog dedicated primarily to randomly selected news items; comments reflecting personal perceptions

Friday, May 29, 2009

Canada's Aboriginal Women

Aboriginal women have always suffered discrimination, even within their own communities. They live a life of double jeopardy, discriminated against as aboriginals in the wider community, and as women with perceived lesser entitlements than men. Held to have a lower status than white women because of their ancestry. And there are no lawful guarantees of equitable treatment within aboriginal communities for women of aboriginal background.

They are not entitled to the same qualities of life and of entitlements as men. An aboriginal woman who marries a white man loses her right to live on a reserve. She has no protection under the laws of Canada, since she is seen to be subject to the laws as administered under the Indian Act that permit First Nations to govern as they see fit. Rights and entitlements guaranteed under the Canadian Charter of Rights and Freedoms exempt First Nations women.

On-reserve First Nation women, on marital breakdown, are not guaranteed an equitable division of property. They are not even ensured they may be able to retain custody of their children. Their lack of entitlements and rights are the prerogative of First Nations assemblies who don't recognize the issue of matrimonial property rights entitling women. On-reserve women have long complained of the unfairness of their position and agitated for change.

But tradition has it that certificates of possession with respect to titles of homes on reserve are given by Indian and Northern Affairs Canada to men. This is the way it has always been, and there has always been resistance from native assemblies, run by men on behalf of men, to changing it. Simply because national First Nations organizations insist that they must conduct legal matters as they see fit in their jurisdictions.

The Assembly of First Nations gives support in theory to changes that would entitle aboriginal women on reserve. But they have not responded to the urgings of their women, and they have no wish for the federal government to intervene on behalf of aboriginal women. Despite which a piece of legislation, Bill C-8 is being discussed that would change things.

Aboriginal groups resist this federal government law to assist in equalizing rights for on-reserve women because they feel this is an infringement on their jurisdictional rights. Which they obviously place higher on the scale of justice than serving the interests of improving the lives of on-reserve women.

Our indigenous people have been hard done by in the greater community that is Canada. They have suffered grievously in the past, and still suffer discrimination. Their own choices all too often work against them. Refusing to join the greater community to avail themselves of better educational and workplace and life-style opportunities, many suffer in inadequate backwaters.

Aboriginal communities, by and large, with a few notable exceptions, have been incapable of building dependable civic institutions to support the needs and aspirations of their people. Enabling First Nations on-reserve women to have the protection of the law in property and custody rights would be a start in equalizing at least the entitlements between the genders.

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