T’kemlups Indian Band doesn’t want Ottawa imposing matrimonial property law on First Nations without funding to support it and the underlying issue of chronic housing shortages.

That, in short, was what a Tk’emlups delegation told the Senate human rights committee in Ottawa on Monday.

The committee is reviewing Bill S-2 — the proposed Family Homes on Reserves and Matrimonial Rights Act — which will make provincial matrimonial law mandatory on reserves until First Nations can enact their own law. In the absence of such law, women who leave a marriage can be left without a home and assets.

“I think the biggest challenge is that they want to enact the legislation but they don’t want to give funding,” said Chief Shane Gottfriedson. “We’re all for making sure children and families are the No. 1 thing in the community, but we also need to look at it through consultation with community.”

He said there has been a lack of meaningful consultation on the matter.

This is the fourth time such a bill has been tabled, having been rejected in the past. All along, the TIB has opposed the legislation on the grounds that it would extinguish traditional kinship laws. Band councillor Connie Leonard has researched the subject extensively.

“We have our own family justice solutions and Canada needs to listen,” Leonard stated in a press release prior to making today’s presentation.

They oppose the legislation for a number of reasons, partly because it would place their matrimonial real property issues under the direction of provincial courts for an interim period. Aboriginal women, particularly in remote areas, do not have access to legal aid.

Additionally, they argue that it would undermine their own jurisdiction of matrimonial real property law. They also maintain that it violates the UN Declaration on the Rights of Indigenous Peoples, which Canada endorsed only a year ago.

“We have the capacity and willingness to work with government for better solutions to family justice issues,” Gottfriedson said.

The bill is expected to undergo amendments before being forwarded to the House of Commons next month.