Statement made on 07 December 2011 by Senator Sandra Lovelace Nicholas
Hon. Sandra M. Lovelace Nicholas:
Honourable senators, as a First Nation woman who has undergone divorce, suffered in an abusive relationship and who lives on a reserve, I see problems with Bill S-2 that I feel must be drawn to your attention. Due to the haste with which the bill was dealt with at third reading, I did not get a chance to make some remarks.
There are practical implications that make clause 20 unworkable. If non-band members, non-Indian spouses and partners are granted occupation by court order, they will also be entitled to other band services, such as education and health. Even if they are not band members, does that not also create new rights for non-members?
Is Aboriginal Affairs responsible for providing the band services to non-band members or non-Indians who have been granted exclusive occupation of the family home? Would non-band children of non-Indian, non-member spouses or partners be able to attend the band school on the reserve where the family home is situated?
If the spouse or partner is granted exclusive occupation under this section, will the non-band member children really be better off living on reserves when they are not eligible to attend schools and they are not able to participate in band cultures such as camps, sports and so on? These non-member children will not be able to learn the First Nation culture or be able to fully integrate with other band children because of the way bands are operated and funded.
Honourable senators, this bill will have consequences on daily life on the reserve. It will create divisions within the community that limit rather than help the welfare of non-band children living on reserves.