Harper under fire for proposed bills

Prime Minister Stephen Harper defended his government's aboriginal policies for a second straight day in question period as opposition leaders grilled him on the issue.

Public criticism has focused on the Conservatives' two omnibus budget bills, which have already become law. But a few of pieces of legislation are still before Parliament that will affect aboriginal Canadians if they pass. Here are three of them.

. Bill C-27: First Nations Financial Transparency Act: This legislation would require aboriginal bands to publish audited financial statements and the salaries and expenses of their councillors online. The Conservatives are presenting the legislation as a way to improve transparency on First Nations reserves and as a vehicle for job growth and investment.

But the bill's opponents say it is paternalistic, overreaching and adds to an already burdensome reporting process for band councils. Most bands are already accountable, critics say, and many already go above and beyond the proposed regulations.

Critics also say the bill, including its provisions that would involve the courts, takes away First Nations' inherent right to self-government.

. Bill S-8: Safe Drinking Water for First Nations Act: The bill, which has already passed through the Senate, would enable Ottawa to create regulatory regimes governing drinking water in First Nations communities. The government says the law would allow them to develop rules ensuring access to clean drinking water and effective treatment of waste water on First Nations.

But some First Nations organizations have cited the need to address larger infrastructure and capacity issues first.

. Bill S-2: Family Homes on Reserves or Matrimonial Interests or Rights Act: The term "matrimonial property" refers to assets, such as a family home, that is owned by one or both spouses but used by both individuals. Provincial laws govern how it should be divided in the breakup of a marriage, but there are no laws specifying this on reserves.

The bill attempts to fill that void with provisions for First Nations until they enact their own laws regarding the division of property between spouses or common-law partners. The rules would include the ability for a court to order an abusive spouse out of the home in a domestic violence case.

But the Assembly of First Nations said empowering provincial courts to preside over such disputes violates First Nations' inherent authority over their lands. In addition, First Nation communities often have limited access to courts and lawyers, making relying on provincial courts burdensome.

Original Article
Source: canada.com
Author:  Michael Woods