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Friday, July 2, 2010
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Conservative senators try to cut off debate on controversial Aboriginal bill            

Ottawa – On Tuesday, June 29th, 2010, Conservative senators tried to force third reading and the passage of bill S-4: Family Homes on Reserves and Matrimonial Interests or Rights Act by demanding that Progressive Conservative Senator Elaine McCoy speak on the bill immediately, or not at all. They refused her request for time to prepare her notes so that she could speak at the next sitting of the Senate. Fortunately Liberal senators Joan Fraser and Elizabeth Hubley rose to speak to the bill before the Conservatives could force a vote. Conservative Senators have now served notice that they intend to limit debate to six hours on this bill.  Their actions make a mockery of freedom of speech and the responsibility of the senate to examine and debate bills thoroughly. 

 Why are the Conservatives so keen on cutting off debate on Bill S-4? The Conservatives claim that this bill will fill a legislative gap by imposing federal legislation that sets out how matrimonial real property is divided upon a marriage breakdown on First Nation reserves.  The bill was referred to the Standing Senate Committee on Human Rights, where senators heard from over 13 First Nations chiefs and representatives and lawyers. None of the Chiefs or councillors who appeared as witnesses during the committee study of the bill thought this bill should be passed as is.  Moreover lawyers from the Canadian Bar Association and First Nations legal expert, Dr. Pamela Palmater stated that the bill ought to be withdrawn in order for First Nations to have meaningful consultation.

 What the Conservative government is not telling us is that this bill significantly alters First Nations treaty rights and does very little to help women and children in the event of a marriage breakdown. Liberal Senator Lillian Dyck stated at third reading, “This is a dangerous bill. It contains the seeds of destruction of two fundamental First Nation rights…inherent right to self-government and the inalienability of reserve lands for the occupation by only Aboriginal people.“

Canadians - aboriginal and non-aboriginal - ought to be outraged about the heavy handed manoeuvres to force this bill through the Senate and their underhanded attempt to undermine the stability of First Nation communities.

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