This research project was funded by the Strategic Research and Analysis Division of Indian and Northern Affairs Canada. As well, this study would not be possible without the support and trust of the 29 Aboriginal women who had the confidence and courage to contribute their voices and life experiences to this project.

This list of terms and phrases and their associated definitions are used throughout this report. Readers are strongly encouraged to familiarize themselves with these terms either before reading the report or to refer to this list as needed.

"Aboriginal woman" For the purposes of this study, "Aboriginal woman" refers to a status, non-status or non-Aboriginal woman in a relationship on a reserve, who left that community as the result of relationship breakdown. These relationships include those formalized through a civil marriage, traditional marriage or a common-law union.

"Band" refers to a body of Indians for whose collective use and benefit lands have been set apart or money is held by the Crown, or declared to be a band for the purposes of the Indian Act. Each band has its own governing band council, usually consisting of one chief and several counsellors. Community members choose the chief and counsellors by election, or sometimes through custom. The members of a band generally share common values, traditions and practices rooted in their ancestral heritage.

"Band Members" refers to a person whose name appears on a Band List or who is entitled to have his name appear on a Band List as defined in the Indian Act.

"Bill C-31" refers to the pre-legislation name of the 1985 Act to Amend the Indian Act (Regulations and Statutes of Canada (R.S.C). 1985). This act eliminated certain discriminatory provisions of the Indian Act, including the section that resulted in Indian women losing their Indian Status and membership when they married non-status men. Bill C-31 enabled people affected by the discriminatory provisions of the old Indian Act to apply to have their Indian Status and membership restored.

"Certificate of Possession" refers to a certificate, issued by the Minister of Indian Affairs and Northern Development, to an Indian who is lawfully in possession of land in a reserve, as evidence of his right to possession of the land as described therein.

"The Constitution" or "Constitution Act" refers to the Constitution Act, 1982 (being Schedule B to the Canada Act 1982 (U.K.), 1982, c. 11).

"First Nations Land Management Act" or FNLMA refers to the First Nations Land Management Act, (1999, C-24).

"INAC" refers to the Federal Department called Indian and Northern Affairs Canada.

"Indian Act" refers to the Canadian federal legislation, first passed in 1876 and amended several times since. It sets out certain federal government obligations and regulates the management of Indian reserve lands, Indian moneys and other resources. Among its many provisions, the Indian Act currently requires the Minister of Indian Affairs and Northern Development to manage certain monies belonging to First Nations and Indian lands and to approve or disallow First Nations by-laws. In 2001, the national initiative Communities First: First Nations Governance was launched, to consult with First Nations peoples on the issues of governance under the Indian Act. The process will likely take two to three years before any new laws are implemented.

"NGO" refers to a non-governmental organization.

"Reserve" refers to ".a tract of land, the legal title to which is vested in Her Majesty, that has been set apart by Her Majesty for the use and benefit of a band.." In British Columbia, there are 488 Indian reserves, three Indian settlements and one Indian Government District.

Legal provisions for the division of matrimonial real property on a reserve when a marriage breaks down do not currently exist under the Indian Act. At the same time, efforts have been made to allow for legislation that supports and respects the determination of First Nations in Canada to develop land and property management rules that best suit their community interests and needs. This effort culminated on June 17, 1999, in the First Nations Land Management Act (FNLMA). Fourteen First Nations in Canada opted into this Act in order to formulate their own land management codes outside Indian Act regulations. Despite this advancement in First Nations determination of land management, critics still have concerns. They believe the FNLMA will have little or no effect on the current lack of rules and procedures surrounding the division of matrimonial real property on a reserve, even though the Act requires such provisions to be implemented. Only time will tell how this situation evolves. In the meantime, anecdotal and testimonial evidence continues to accumulate that documents the experiences and plight of First Nations' women and their children who had to leave their homes on a reserve during marital breakdown.

Indian and Northern Affairs Canada (INAC) commissioned this report, which officially began in late December 2001. The primary objective of this research is to qualitatively document the contextual experiences and outcomes for Aboriginal women and their children who had to leave their reserve homes upon marital breakdown. A second and equally important aspect of this research is to suggest a new paradigm shift away from one that now focuses on the associated legal risks of changing the current matrimonial real property regime. A new paradigm would be characterized by a consideration of the actual social impact and harm to those affected by the lack of specific matrimonial real property codes and protocols.

The Introduction opens with a discussion of the traditional, key roles that Aboriginal women played in Aboriginal societies before colonization. It then documents the changes to their situation that occurred after contact with European newcomers to North America. These changes were drastic. Traditionally, Aboriginal women held positions of authority, leadership and power in their tribes during the pre-contact era. This is in direct contrast to the present day, where Aboriginal women find themselves disempowered, oppressed and facing the threat and risk of violence in their homes and in their communities. Social and economic demographic information is briefly described, focusing on data relevant to the province of British Columbia.

The next section covers the qualitative research methodology used. Twenty-nine Aboriginal women associated with various First Nations in the Victoria-Vancouver areas participated in this study. Various stakeholders, such as Aboriginal NGOs and service agencies, were consulted about the purpose of the research and were asked to provide their comments and feedback regarding the thematic content of the study. Their support for the research and their provision of contact information for potential participants were essential for formulating a sampling strategy. All 29 participants were ensured that their responses would be kept confidential. Specific measures were taken during the interview process to guarantee the participants' safety and well-being while disclosing their experiences of matrimonial breakdown.

The section covering the report's research findings is organized into several broad thematic sections. These reflect the thematic organization of the questionnaire/interview schedule that was used to collect the data. These core research themes are: participant demographics, participant awareness of existing matrimonial real property provisions on a reserve, participant story and experiences and making a difference.

Participant Background Demographic Findings

The average age of the Aboriginal women interviewed was 43 years. They ranged in age from 31 to 63 years. Most participants were originally from British Columbia; however, one-third (9) came from other provinces/territories of Canada. Two participants came from tribes in the United States. An overwhelming majority of Aboriginal women participants were members of their band of origin and were Registered Indians under the Indian Act. Only four women obtained their status as Registered Indians under Bill C-31 provisions.

In terms of mobility, almost one-quarter of these women indicated that they were raised both on and off a reserve during their youth. In terms of educational attainment, almost half attended high school, but did not graduate. Only 17% of participants (six women) indicated that they had achieved some post-secondary education. However, on a positive note, one-quarter of the women indicated at the time of the study that they were currently attending or enrolled in an educational institution.

The majority (69%) of participants responded that they were not employed during this study. Of those who were employed, approximately one-third were employed on a part-time basis. Most participants (62%) indicated that their total annual income was below $9,999 per year. This is clearly below the low-income cut off level as defined by StatisticsCanada[NOTE 1]. However, four participants responded that their annual total income exceeded $40,000 per year.

In terms of secondary sources of income, a majority of participants indicated that they were receiving social or disability assistance. Surprisingly, very few participants indicated that they had received any child or alimony support from their former spouse.

During their relationship with their former spouses, most participants indicated that they were in a common-law relationship followed by the second most common form of relationship - marriage. In addition, the majority (59%) of participants did not share the same First Nation origin as their spouse. However, the vast majority of former spouses (97%) held band membership with their First Nation of origin. In terms of co-habitation, the average time participants lived on a reserve with their former spouses was 6.1 years. Currently, over two-thirds of the Aboriginal women participants identify themselves now as single and/or divorced.

A majority of the participants (21 or 72%) held various forms of property interest while co-habiting on a reserve with their former spouses. Interestingly, a majority (76%) responded that they held a joint certificate of possession for the property on the reserve with their former spouse. Yet unfortunately, all of these women left the reserve when their relationship ended. Although eight participants had no children during the period of marital breakdown, there were a total of 60 children whose lives were affected by the participants' estrangement from the reserve.

In terms of the participants' current housing situation, a majority (96%) indicated that they are renting their current dwelling. Only one participant indicated that she owned her home, which is in direct contrast to the statistics on the participant's former situation on the reserve.

Awareness of Existing Band Matrimonial Real Property Provisions

Several questions in the interview probed the participants' knowledge about the existence of any First Nation band rules and/or protocols on their former reserve regarding the division of matrimonial real property on the reserve that were directly applicable to their marital breakdown. They were also asked about how the rules, if any, were applied and if the rules were fairly and consistently applied to their specific case or to any other cases they had seen.

Almost all the women interviewed indicated that before their relationship ended, they were unaware of any rules, band by-laws or protocols in place to guide the division of matrimonial real property on a reserve. Only four participants said they were aware of band property division rules before their marital breakdown. Currently, just over one-fifth (21%) of the participants' bands have rules in place and have made some effort to communicate them to their members. Of these rules, almost half (49%) either give preference to the male spouse or to the band member in matrimonial real property division. At the same time, many participants indicated that it is rare for women to keep the home. Typically, the male spouse retains it after marital breakdown. The participants mentioned other factors that reflect the bias connected to the consistent and fair application of property division rules. These include family status on the reserve and the spouses' relationship to those who control applying the property division rules on a reserve. Participants also reported that most band matrimonial real property division rules on a reserve are silent in the case of widowhood, although only one of the participants in this study left her former reserve home in such a situation.

Participants' Stories

This section of the questionnaire focuses on the experiences of participants on a reserve when the marital breakdown occurred and following the break-up. The report examines various aspects of this experience, including the details of the break-up, the transitional period from living on a reserve to moving to another location and their life experiences in their new living arrangements.

Most participants' relationships on a reserve ended about 11 years before the interview was conducted. At the time of their marital breakdown, the average age of the participants was 31 years. The average age of their affected children was approximately 10 years. Most participants (80%) retained custody of their children, although very few reported receiving any child support or alimony at the time.

Nearly three quarters (72%) of the participants immediately left their home on the reserve as a consequence of their marital breakdown. The rest remained on the reserve for a short time afterwards, staying either with family members or temporarily in their home. The predominant reason (69%) participants gave for leaving their home was the effects of domestic violence. However, participants rarely gave a single response for leaving their reserve home. Other factors included lack of housing, financial concerns and the desire to pursue education and employment in urban areas. Unfortunately, these women reported that there was little or no fair and equitable division of their matrimonial real property on the reserve when their relationship ended.

The majority (79%) reported that their former partner did not provide any financial support after their marital breakdown. Only five participants were successful in securing child support from their former spouses, although only for a year or two. However, almost half (45%) of the participants reported that, at the time, their spouse was gainfully employed and most likely capable of providing some level of alimony or child support. Yet very few participants indicated a willingness or motivation to pursue child support. Fear of the former spouse and the risk to personal safety and security were the most common reasons given for this reluctance.

Participants were asked whether they perceived various individuals and organizations as helpful, hurtful or neutral in their transition process out of the matrimonial home on the reserve.

The majority of participants (52%) indicated that they did not use or have band council involvement in their situations. They did not indicate why the band council was not involved or did not intervene in their case. However, of those who did have band council involvement, 21% reported that overall, the council was more hurtful to their situation than helpful (14%). Reasons cited for these negative perceptions included band council indifference and insensitivity to the participants' predicament and its preferential treatment to relatives of band council members. However, the participants did not cite band councils as the most obstructive element they encountered. Participants overwhelmingly reported that their couple friends, or friends they made through their relationship together, were the most hurtful element during their transition.

Participants (79%) reported that, by far, their own family was the single most helpful source of overall support during their marital breakdown. In many cases, participants' families provided a place to stay, transportation, emotional support and babysitting services in their time of need. Three participants indicated that their families were neither helpful nor hurtful because they lived so far away.

Of those participants who sought support through various service organizations, roughly half (48%) said they were helpful. But surprisingly, almost half (48%) of the participants also indicated that support service organizations were not applicable to their situation. The main reasons cited for this were lack of awareness and their belief at the time that there were no services that could have possibly helped their situation.

In terms of positive experiences resulting from the transition to life in urban areas, participants reported marked improvements in their personal safety (17%), employment (10%), education (10%) and freedom/self-esteem (respectively 7% and 7%). Other positive changes included access to basic living provisions, modern utilities, sobriety and lifestyle changes and new skills development. The most helpful supports for these women after leaving the reserve were women's shelters (24%) and counsellors (21%), followed by friends (15%) and family (12%).

Although no rigorous methodology was used to analyze the economic and financial impact of the transitional process, participants were asked to comment on the overall changes in their financial situation after leaving the reserve. Participant responses were equally divided between an improvement (38%) and a worsening (38%) of their financial situation. Only three participants (10%) indicated that their financial situation was unchanged after moving off the reserve. Many responses, from those who indicated improvement, were linked to their newly found independence from their former spouses. This indicated conflicts in their former domestic financial situation. For those who indicated a worsening financial situation, reasons included acquiring their former spouses' debt and the lack of access to reserve resources (traditional foods).

A clear majority (79%) of participants indicated that they experienced many unexpected changes in their lives once they left the reserve. These included feelings of loneliness due to isolation, of missing cultural opportunities on the reserve, denial of band-supported educational funding and financial concerns and worries. Some also indicated that culture shock and the added expense for children's activities in the city were concerns. However, some participants responded that not all changes were negative. Many felt consoled by the fact that they were able to change their lifestyle, function independently and take care of themselves.

Similarly, participants were asked about whether their children were better or worse off in the city than on a reserve in their previous relationships. Over half (59%) reported that they thought their children were better off in the city, citing reasons such as increased resources, training, educational opportunities and increased contact with the maternal family. Only two participants felt their children were not better off in the city. However, overall, most participants indicated that the loss of community, cultural opportunities and community/family gatherings had a negative impact on both them and their children.

Making a Difference

This theme of the questionnaire (Making a Difference) gave participants a forum to express their opinions on measures they felt should be immediately implemented to help Aboriginal women on a reserve and their children facing experiences similar to theirs. In addition, participants were asked to comment on what specific information or resources would have been useful to them and their children during the marital breakdown on a reserve.

The participants provided a wide range of responses (115 answers) to these two questions. Overwhelmingly, participants (72%) stressed the need for resources available on a reserve to support domestic violence intervention and prevention. In particular, the need for Aboriginal-managed shelters, access to information on shelters, transportation and public acknowledgements about violence in the community, dominated participants' concerns. For the longer term, some participants also suggested the creation of a "Community Safety Plan" on the reserve that would involve band workers, Royal Canadian Mounted Police (RCMP) and other related staff on the reserve to respond to and help community members wishing to leave an abusive relationship.

Over half of all participants (59%) indicated that there is a great need for increased public and community education and awareness of overall legal rights on the reserve, including matrimonial real property rights. More specifically, in terms of housing on the reserve, participants indicated (52%) that matrimonial homes should be jointly registered in both spouses' names; that matrimonial homes should remain with the spouse who retains custody of the children; and that there should be more, better-quality, affordable housing on the reserve.

Another concern was less often expressed, but was equally important in the long term and encompassed many broader issues. This concern emerged from participants' comments touching on aspects of First Nation governance and horizontal and vertical accountability issues. Specifically, participants suggested that First Nations councils should provide mediation processes to better deal with disputes. They also suggested that First Nations councils should clearly articulate, disseminate and administer band policies and rights in a transparent and fair manner. Participants also mentioned that these policies or contracts resulting from First Nations policies, which include certificates of possession, should be legally binding.

Conclusions

The report's conclusion outlines a consistent story shared among participants along various social and economic dimensions. It includes the following characteristics: poverty and unemployment of the participants; lack of awareness of the gap in matrimonial real property rules in the Indian Act and in band by-laws; a lack of adequate resources and support when faced with a failing relationship on a reserve; and the shadow of domestic violence that enveloped the participants' relationship with their former spouses while on a reserve. However, positive experiences occurred when the participants were forced to move off the reserve, such as increased personal safety and self-esteem and educational opportunities. Many felt that their children were much better living off the reserve than living on the reserve in a dysfunctional family situation. The report concludes by suggesting that further evidence-based research is needed to guide and inform policy discussions and development processes so that meaningful change can occur, while at the same acknowledging community control and ownership of this complex issue.

In the First Nations context, the ways that the matrimonial real property regime on a reserve affects the family have been an outstanding concern of Aboriginal women. When relationships break down, there is often not a fair and equitable division of the marriage's assets. In many respects, this is the direct consequence of a non-existent matrimonial real property regime under the Indian Act. However, this situation has not gone unnoticed. For some time, Aboriginal women have often raised the necessity in various fora for a better mechanism to divide matrimonial real property on the reserves in the event of a marital breakdown.

It is anticipated that this research study can be a first and necessary step in examining the economic, political and social impact on Aboriginal women faced with marital breakdown and how these impacts affect their personal and family security. Beginning in the urban context in British Columbia, primary research involving Aboriginal women and organizations will help clarify the ways the property regime under the Indian Act has affected women's lives and choices.

The geographical context for this research study is centered on the matrimonial real property regime in the province of British Columbia. Vancouver and Victoria, two of British Columbia's largest urban centers, were chosen as natural sites for this research project given their sizable populations of Aboriginal women (6,090 and 3,400 respectively). Using a qualitative research methodology in conjunction with various governmental and NGO partners, Aboriginal women residing in these cities were asked to provide their experiences on how their marital breakdown on the reserve positively or negatively affected them and their children.

The Context: Traditional Roles

Since time immemorial, Native Nations governed all of what is now known as North America or Turtle Island. Turtle Island was the home of various culturally diverse Indigenous Nations. To illustrate this point in the current context, today there are over 60 unique First Nations in British Columbia alone. Thus, there were many Indigenous ways of being and knowing. Many Aboriginal societies were matrilineal, characterized by the man moving to the woman's family location after marriage. Many other Indigenous communities were matriarchal. In these societies, women typically were actively involved in various forms of tribal governance.

Therefore in a traditional context, Aboriginal women held unique and influential positions in their society. They governed, controlled leadership, owned all community property and had sole responsibility for resolving disputes.Mohawk female Elders, grandmothers held special positions of power.[NOTE 2] Aboriginal women gave life. Grandmothers were the only ones who had "almost walked a full circle." Accordingly, they had the wisdom and power to be solely responsible for the discipline of all community members.[NOTE 3]

Traditionally, Navajo women had equal rights with Navajo men, because women's roles complemented those of men.Traditionally, Navajo men would move[NOTE 4] to their wives' family locations after marriage (a matrilocal society).This arrangement prevented [NOTE 5]spousal abuse because the woman's family would protect her if required.Clan Elders and the extended[NOTE 6] Navajo family would be shamed if one of their men engaged in wife abuse.In the Onondaga Nation, [NOTE 7]men could not vote or have non-member spouses residing on tribal lands.For Indigenous women, [NOTE 8]leadership roles are "natural extensions of the care taking role."Traditionally, women were central to [NOTE 9] society, perhaps because of their reproductive powers. "Aboriginal women played equal, significant and [NOTE 10]respected roles in government-making,"according to McIvor, who [NOTE 11]also observes that "the role of Aboriginal women was central to the spirituality and existence of the nation."Traditionally, divorces were available for Aboriginal women if they were unhappy or if they experienced abuse.[NOTE 12] They could simply ask the man to leave or just put his belongings outside the door.Intraditional Sioux culture, women were [NOTE 13]considered to be[NOTE 14]sacred.

Current Social and Economic Situation of Aboriginal Women

Although information exists on the demographic profiles of Aboriginal people, this information is mostly derived from the Census conducted by Statistics Canada and also through the Aboriginal Peoples Survey (APS) that was conducted for the first time in 1991. Indian and Northern Affairs Canada (INAC) does collect and maintains several databases on Registered Indians and Land Entitlement Mechanisms on First Nation reserves. However, for the most part, the intent of these databases is not to support ongoing research activities, but to function as administrative and operational tools. This section will briefly outline the results of some research studies and data publications readily available from INAC and Statistics Canada. The focus in this section is on information.

Research and analysis conducted by INAC shows that Registered Indians living on reserves have both advantages and disadvantages regarding living costs relative to most other Canadians. The advantages include subsidized housing and greater eligibility for government transfer payments. Advantages also include an environment that allows Registered Indians to pursue traditional lifestyles (e.g., hunting, trapping and fishing, assuming that the surrounding lands can sustain this activity) that have given them the potential for lower food costs.

The disadvantages resulting from reserves' isolation from major urban areas include higher costs for many commodities than elsewhere in Canada and a lack of employment in rural reserve communities. However, many people living on a reserve regard relocation to other areas with better social and economic prospects as less viable and desirable than would other Canadians.

Further data published by INAC show that in British Columbia, there were 28,982 off reserve Registered Indian females as of December 31, 2000. This represents a quarter (25%) of the Registered Indian population provincially. Of these off reserve females, one-third are under the age of 19, 57.4% are between the ages of 20 and 49, while approximately 17.6% are over the age of 50.

In 1998-1999, housing units on reserve in British Columbia totalled 16,025, although not all people living on reserves are Registered Indians. The 1991 Census found that only 70% of the people living on reserves were of Aboriginal origin. Although there were problems with the 1991 and 1996 Censuses due to underreporting of the Aboriginal population, the 1996 Census estimated that the Aboriginal population living on British Columbia Indian reserves was 64,981. This represented a 19.1% growth since the 1991 Census.

At the time this research was conducted, very little information or data was available that described the number and extent of issues affecting First Nation women and their children who were experiencing matrimonial breakdown on a reserve. This situation has not changed. For the most part, information on these issues still continues to be anecdotal at best. As a result of this limited information, no efforts were made to determine an appropriate and representative participant sample size for the province of British Columbia where this study was conducted. No control groups were established to measure any significant differences in experience between First Nation women who left the reserve after marital breakdown and those who were able to stay. Moreover, no efforts were made to stratify the sample by other social and economic factors, such as age, income, with/without children and other relevant factors. In many respects, the research remains highly exploratory. However, because there are no provisions in the Indian Act to deal with the issues of the division of matrimonial real property on a reserve, it is highly likely that the events and outcomes for First Nation women experiencing matrimonial breakdown would converge in common experiences. Using this fact, in conjunction with qualitative research methodological criteria, it was determined that an appropriate sample size of no more than 35 participants would be enough to satisfy the objectives of this project, given time and cost constraints. In the end, 29 First Nation women living in the Victoria-Vancouver areas of British Columbia admirably participated in this research study.

Research Design

At the beginning of the project, considerable time and effort went into designing an appropriate qualitative research instrument before the actual interviews. Efforts focused on three essential areas, including:

• the development of appropriate screening questions for the research sample;
• relevant research questions/content and themes to be examined by the study; and
• the determination of a questionnaire pre-test and sample selection strategy.

These key processes were undertaken through various fora and activities in which the principal researcher of this study participated and collaborated along with other stakeholders involved in the study. These included INAC representatives and Aboriginal NGOs from the study location in British Columbia.

Questionnaire Screening Criteria

The importance of developing efficient and appropriate screening questions for this study cannot be overstated. The following core criteria were used to "screen" an Aboriginal woman participant into the study:

1. The Aboriginal woman participant was married or lived common-law on a reserve in an owned or rented residence.
2. Her relationship ended or changed through widowhood while living at this reserve residence.
3. She did not have a choice to remain on the reserve when her relationship ended.

If all three criteria were answered affirmatively, then the participant would be "screened in" as part of the sample for this study. No restrictions were placed on how recently a participant's matrimonial breakdown had occurred. All screening sessions were conducted by telephone in order to avoid wasting time on transportation and the participant's time, if it was determined that their experiences were unsuitable for the study. Contacts for potential participants were provided by and gathered in consultation with Aboriginal NGOs and other service agencies in the research area. Their knowledge and background in providing services to Aboriginal women experiencing marital breakdown were essential in formulating the sampling and data collection strategy. The principal researcher also attempted to publicize the study and solicit participants for it by distributing pamphlets and brochures to Aboriginal and other service NGOs in the research area, where these women might be clients.

Questionnaire Research Content and Themes

Several fora were undertaken to determine and complete the research questions, themes and format of the questionnaire. The main participants in these processes included the primary researcher and officials from INAC and Aboriginal NGOs in the research area.

In mid-December 2001, a focus group session was held in British Columbia with INAC officials participating via conference call. The focus group mechanism accomplished and supported several objectives. First, all Aboriginal NGO officials were introduced to the project and its purpose. Secondly, the focus group provided the opportunity to gather feedback and suggestions on questionnaire content and themes from various individuals who had direct contact with potential participants for the project. This feedback and insight were important for formulating appropriate and relevant questions for the study. In addition, the focus group provided an opportunity to discuss potential ethical problems or data-collection barriers for disclosing the First Nations women's experiences regarding matrimonial breakdown on a reserve. Finally, all focus group participants were encouraged to participate in and support the project, by providing contact information for potential project participants, thus providing direct assistance in forming a sampling strategy.

Based on the suggestions and views presented by the focus group, a set of major themes were formulated to guide the construction and flow of the final questionnaire format. The major research question groupings are as follows:

• screening questions
• background/demographics
• awareness of existing matrimonial real property regime
• participants' stories
• making a difference
• concluding remarks

The details of the questions and comments under these broad titles and themes are outlined in Appendix A.

Questionnaire Pre-test and Sampling Strategy

As noted above, Aboriginal NGOs were instrumental in providing names and contact information of potential participants as part of the sampling strategy for the project. Several test candidates were contacted by telephone to determine their suitability to participate in the project. Once verified, a test run of the questionnaire was performed to evaluate the efficiency and relevancy of survey questions and to seek out potentially problematic questions that may result in a high rate of non-response or non-applicable outcomes. This situation was not totally avoidable for certain types of questions, as the study findings show. However, the rate of non-response or non-applicability of questions would most likely be higher if a pre-test were not performed before the actual participant interviews.

Ethical Concerns

All participants in the study were informed of and ensured confidentiality regarding their interview responses. In conjunction with the questionnaire, most of the interviews were recorded on tape; then later transcribed to minimize biases in interpreting interview responses. Some participants requested that the interview not be taped. In order to ensure data reliability for this situation, detailed notes were taken during the interview. For those interviews that were recorded, participants could request that the recording be stopped. In the transcription process, all proper names of the participants, as well as other individuals/organizations mentioned in the interview, have been replaced with more generic, non-specific titles such as friend, family member, band chief or counsellor and service organization. Again, this was necessary to reduce the chances of identifying the participant and to ensure the confidentiality of participant responses.

All participants were required to give informed consent to the principal researcher before being interviewed. Participants were also given the discretion of terminating the interview at any time. In addition, efforts were made during the commissioning of this project to ensure the physical and psychological safety of all participants. Interviews were conducted in safe and secure locations. If needed, counselling resources were available to those experiencing trauma when describing their experiences. In the end, all 29 interviews were conducted without participants expressing any serious issues or incidents during the interview.

Participant Background/Demographics

This section focuses on the series of questions in the interview schedule that examine the background demographic information on the Aboriginal women participating in this study.

Age of Participants

Figure 1 depicts the age distribution of the 29 Aboriginal women participating in the study. Their ages ranged from 31 to 63 years, with the average age being 42.6 years. The majority of participants (19) in this study were between 25 and 44 years of age.

Source: Appendix B, Table 1.

First Nation Origins

In Figure 2, the First Nation origin of the 29 Aboriginal women is depicted. The largest proportions were First Nation women (62%) from British Columbia. The First Nations identified for this group include Kwakiutl, Seabird Island, Squamish, Cowichan, Namgis, Ahowsaht, Songees, Gitksan, Quatsino, Sechelt, Kingcome Inlet, Nisga'a and Mount Currie. Thirty-one percent (31%) were First Nation women from other Canadian provinces and territories. The First Nations identified from this group include Hobbema, Peigan Nation, Peguis Band, Fishing Lake, Kahkawistahaw, Wikwemikong, Letse K'e Dene, Keeseekoose and Waywayseekappo. Two participants identified themselves as Native Americans from the Nez Perce and Cherokee tribes in the United States.

Source: Appendix B, Table 2.

Band Membership and Registered Indian Status

Figure 3 depicts the proportions of band membership and Registered Indian Status of the 29 participants.

Source: Appendix B, Table 4.

In terms of band membership, 28 (97%) of the participants answered that they were members of their respective bands. The one participant who answered in the negative had been automatically transferred from her own to her husband's band.

When participants were asked if they had Registered Indian Status, 93% answered affirmatively. Of those 93%, only four participants (15% of all participants) were registered under Bill C-31 provisions. In other words, either they or their mothers or grandmothers had lost Indian Status through marriage to a non Aboriginal spouse.

Location of Childhood

Figure 4 depicts the proportions of where the 29 Aboriginal women were raised in terms of living on or off a reserve.

Source: Appendix B, Table 5.

The majority of these women (55%) were raised on reserves, while 24% were raised off a reserve. Over one-fifth (21%) answered that they were raised both on and off a reserve, reflecting the high mobility of Aboriginal families.

Highest Level of Educational Attainment

Figure 5 shows the highest level of education of all 29 participants at the time the interview was conducted.

Source: Appendix B, Table 6.

Approximately half of the participants (48%) have some high school education (but not enough to graduate). Seventeen percent (17%) have some post-secondary education. Three percent (3%) have a graduate degree. Altogether, almost one-third (30%) had some form of post-secondary education.

Continuing Education

Almost one-quarter (24%, Appendix B, Table 7) of the participants at the time of the interview were enrolled in an educational program.

Employment Status

Figure 6 reflects the proportions of the employment status of the 29 Aboriginal women participants.

Source: Appendix B, Table 8.

The majority of women (69%) are not currently employed. Of the women employed, three respondents are working part-time (10% overall). The number of participants holding full-time employment is only 21%. The respondents are employed in diverse areas, such as administration, treaty negotiations, contract work, and distribution of examinations, policy analysis, legal advocacy and relief work.

Income Levels

The number of participants who live at the poverty level is alarming (Figure 7). Almost two-thirds (62%) indicated that their yearly income was below $10,000 (less than $833 per month). Seventeen percent (17%) indicated that they received between $9,999 and $19,999 annually. One of the more encouraging aspects of this study is that 14% have an income of more than $40,000 per year.

Source: Appendix B, Table 9.

Secondary Sources of Income

Figure 8 reflects the proportions of the secondary sources of income the study participants were receiving at the time they were interviewed.

Thirty-one percent (31%) of participants indicated that they received social assistance and 17% reported that they received disability benefits. If the governmental forms of supplemental income are combined (social assistance, disability benefits, employment insurance, child tax credit and GST cheques), they account for 57% of secondary income received by the participants. What is surprising about these statistics is the small number of participants who currently receive child support (3%).

Source: Appendix B, Table 10.

Marital Status of Participants with their Former Spouses

Figure 9 depicts the proportions of the various types of marital status the participants had with their former spouses while living together on a reserve.

Source: Appendix B, Table 11.

Figure 9 shows the majority (52%) of the participants responded that they were in a common-law relationship or were married (38%) while in their relationship with their former spouse. Currently, the majority of participants identify themselves as single (55%) or divorced (14%, see Appendix B, Table 12).

Same First Nation Origin as Former Spouse

At the time of co-habitation, the majority of participants shared the same First Nation origin (59%, see Appendix B, Table 13) as their spouse. Their spouses were from many different reserves, such as Hagwilget, Klemtu, Haisla, Tsawout and Adams Lake. Most of the former spouses (97%, see Appendix B, Table 4) did have band membership in their First Nation of origin.

Length of on a Reserve Co-habitation

Figure 10 illustrates the proportions of the length of time the participants co-habited with their former spouse on a reserve. The reserves where participants lived with their former spouses included Fort Rupert, Cowichan, Songhees, New Hazelton, Kincolith and Campbell River. The majority of participants (38%) lived on the reserve with their former spouses for over 10 years. The average time that all the participants lived on a reserve with their former spouses was 6.1 years.

Source: Appendix B, Table 14.

Property Interest of Participant in Co-habitation with Former Spouse on the Reserve

Figure 11 depicts the various proportions of the property interests held by the 29 participants while they were co-habiting with their former spouse on a reserve.

Clearly, the majority of participants (59% or 17 participants) had a form of property ownership with their former spouses (to the extent possible, considering that reserve land is not fee simple). Over one-quarter (28%) of the participants said that they had rented housing when they were in their former relationships. Fourteen percent (14%) said that they had both owned and rented housing on a reserve in their former relationships. Thus, a total of 73% (21 participants) previously held a form of property ownership on a reserve.

Source: Appendix B, Table 15.

Of the eight participants (28%) who rented housing on a reserve, five (62%) indicated that the rental property was in the male's name. Only one participant had the rental property registered in her name. The remainder (25% or 2) reported that the rental property was in both their name and their spouse's name.

Types of Property Interest of Participants

Figure 12 shows the proportions of the types of property interest held by participants (17) while living with their former spouse.

Source: Appendix B, Table 16.

Of the respondents who had a property interest on the reserve in their former relationships, 76% indicated that they had a certificate of possession with their former spouses. Eighteen percent (18% or 3 participants) were uncertain whether they had a certificate of possession in their name. Interest in the land was often in the man's name. Among the reasons for doing so, participants said it was because, "The band registers land in the man's name", or because the husband purchased it and informed the participant of it later, or because it was the man's family property on his reserve. Of those participants who had land registered in the woman's name or jointly, all (41%) left the reserve when the relationship ended. The reasons for this high number included: that it was a mutual decision; that the spouse had the locks changed while the participant was at work; and that the RCMP would not do anything to help the participant keep her home. One participant said that her former spouse had become involved with the next-door neighbour, so that staying would have created a distressing situation.

Participant's Children

Twenty-eight percent (28%) of participants did not have children with their former spouses, as shown in Figure 13. However, 24% had two children with their former spouses. There are 60 children in total from all of these former marriages. Each of these participants had an average of two children with her former spouse. The average current age of the children is 21.3 years. Currently, the youngest child from a former marriage is three years old, while the eldest child from a former marriage is 46.

Source: Appendix B, Table 17.

Registered Indian Status and Band Membership of Participant Children

Of the participants who had children with their former spouses, the majority of children (90%, see Appendix B, Table 18) have Registered Indian Status. Only 5% are not registered. Concerning the remaining 5%, the mother is uncertain whether her children are registered.

In terms of band membership, the children are roughly divided between the participant's band and the former spouse's band (28% and 34% respectively). The remaining children (38%, see Appendix B, Table 19) possess membership in both parents' bands.

Current Housing Situation of Participant

Eleven (38%) participants currently live in an apartment, as shown in Figure 14. Seventeen percent (17%) said that they live in a house, while 14% live in a townhouse. Over one-quarter (27%) reported that they currently live in a hotel, boarding room or transition house.

Source: Appendix B, Table 20.

Current House Ownership Status of Participants

The majority of respondents (96%) are renting their housing (either rent, subsidized rent or rent to own) as is shown in Figure 15. Only one participant (3%) is a homeowner. This is in sharp contrast to the earlier statistic in which 72% of all participants were homeowners on the reserve with their former spouses. Only one participant indicated that there was a family elder living with her. Although this was not a category question, this information was volunteered. Other participants might have reported being in a similar situation, had the question been asked. Participants reported having an average of 1.89 bedrooms in their current homes. When asked about their mobility, participants indicated they have moved an average of 2.86 times in the last five years.

Source: Appendix B, Table 21.

Awareness of Existing Regime

Participant's Awareness of Band Matrimonial Real Property Rules at Time of Marital Breakdown

Before their relationships ended, the majority (86%, see Appendix B, Table 22) of participants were unaware of rules, laws or by-laws regarding the division of matrimonial real property on the reserve. The 14% of the participants, who were aware, continually qualified that awareness with phrases such as, "somewhat aware" or "sort of aware", clearly indicating a high level of uncertainty.

Participant's Awareness of Current Band Matrimonial Real Property Rules

When asked if their band had any matrimonial real property rules, laws or by-laws, most respondents (45%, see Appendix B, Table 23) answered that there was nothing in place. Even to date, a large number (34%) responded that they had no idea if their band has rules or laws. A minority (21%) of the participants' bands have rules in place and have made some sort of effort to make that knowledge public. According to the participants, some of those rules are new and some give preference to the man (33% of the participants with band rules in place); others (16%) said preference was given to the band member in the relationship.

Spousal Equality to Possess Matrimonial Home after Marital Breakdown

Participants were asked if either spouse can keep a matrimonial home after a divorce on a reserve at the time of their marital breakdown. Approximately 41% (see Appendix B, Table 24) answered in the affirmative. To add further context to this response, some participants said that the spouse with the certificate of possession keeps the house. In practice, this means that possession ends up with the male spouse. One participant said that whoever has custody of the children retains the house, although qualifying her statement that it is "rare to see a woman keep the house". Another responded that "it depends on who bullies who". Some participants responded that there were certain privileged individuals on a reserve. Two examples focused on the issue of widowhood for which there are limited Indian Act guidelines for dividing matrimonial real property on a reserve. In one case, a widow, who was originally from the band, was removed from the reserve after marital breakdown. While yet in another case, a widow not originally from the reserve remained living on the reserve after her divorce.

Perception of Available Housing on the Reserve at the Time of Marital Breakdown

Forty-eight (48%, see Appendix B, Table 25) percent of participants indicated that during their marital breakdown, alternative housing was available on their reserve.

Years Elapsed Since the Relationship Ended

Figure 16 depicts the distribution of elapsed time since the participants' relationships ended.

Source: Appendix B, Table 26.

Most of the participants' relationships ended between 10 and 15 years ago. The average age of the participants at the end of the relationships was 31 years; their children's average age was 10.5 years.

Location of Residence after Marital Breakdown

Before moving to the Vancouver or Victoria urban area, the majority of participants (45%, Appendix B, Table 27) lived in other cities such as Saskatoon, Edmonton, Prince George and Duncan after the marital breakdown. Over a third (34%) of participants moved directly to Victoria and slightly over a fifth (21%) moved to Vancouver after the marital breakdown.

Custody of Participant's Children after Marital Breakdown

For those participants (21) who had children with their former spouses, the majority (59%) had their children remain (48 of 60 children in total) with them after they left the reserve. For the remaining (20%) who left the reserve but not with their children, one of the main reasons given was financial considerations (a participant's former spouse was working and she was not). Other situational comments to contextualize the above proportions are that one participant's former spouse would not let her take the children off the reserve after the relationship failed and another participant's two oldest children left the home while the youngest remained with the former spouse.

Participants Who Immediately Left the Reserve after Marital Breakdown

Almost three-quarters (72%, see Appendix B, Table 29) of the participants immediately left the reserve after their marital breakdown (for reasons such as safety). The remaining 28% remained on the reserve for a short time. The reasons included a brief stay with family or temporary ownership of the home until the husband received the house in the divorce settlement. On average, participants reported having moved 4.5 times since the relationship ended, although three participants qualified their moves as "way too many times to count".

Location of Residence Post-relationship

The majority of participants (55%, see Appendix B, Table 30) moved within the province, while almost a quarter (24%) moved within the same city or town adjacent to their former reserve home. Slightly over one-fifth (21%) moved outside the province. In a dramatic case, one woman reported having moved 500 kilometres away to escape her husband, because she was still being harassed.

Reasons for Participants Leaving the Reserve

Figure 17 illustrates the total multiple responses given by participants on reasons why they left the reserve after their marital collapse.

Domestic Violence

As shown in Figure 17, participants had many different reasons for wanting to leave the reserve (identified by 69% of the participants). Many of the women gave multiple reasons for leaving (e.g., to find employment and to escape violence or because of the abuse and lack of housing). In the interviews, women rarely gave one "main" reason for leaving. Rather, they often gave several examples of reasons, which are interconnected. Clearly violence emerges as the predominant reason. Many women specifically named abuse as a primary reason for leaving the reserve. One woman left because of the lack of services or support for those experiencing domestic violence on the reserve. This was followed by lack of housing (19%) and financial reasons (10%). Escaping alcoholism on the reserve and pursuing education and employment in the city were all significant factors in a participant's decision to leave the reserve.

Source: Appendix B, Table 31.

Some of the responses participants gave describing the violence they endured and indicating that it was a primary reason for leaving, included:

• "... he would beat me up when the children were away";
• "At that point, it was either kill him or kill me";
• "My children were never threatened, but my personal safety was threatened and I became suicidal";
• One participants' 15 year old son said to her spouse, "Dad, I'll kill you if you ever hit her again". However, the former spouse tried to kill her when the children were out of the house;
• Another participant described how her former spouse "beat her up severely one night and would take all her jewellery and sell it and then go to her workplace and demand money";
• In a particularly cruel case, a participant stated that after years of being beaten, "I did not want to be stalked or harassed any more - I wanted to start a new life." "Last time he beat me up, I was in bed for two months and then I decided to leave";
• "I had to leave him or he would have killed me - I had a cut lip open and cut / gash in neck / beaten up and tired of being beat up - I was tired of black eyes and being hospitalized";
• "One of us would have ended up in a wheelchair, if I didn't leave";
• "Bad situation, feared for my life and my child's life";
• "I had nothing".

Yet another participant whose former spouse was the chief of the reserve stated, "He put me into this wheelchair - extreme physical / sexual abuse". When she finally left, he brought the RCMP to the house. "He had a copy of the Indian Act in his hand and he went through it, looking for something that would say that I could not leave the reserve - He had all the power and the band worker denied me welfare." The participant also tried to get a restraining order through the courts. However, her spouse went to the judge, with whom he was friendly and told the judge that it was just a disagreement. The case was dismissed twice although the third attempt finally succeeded in securing the restraining order against her former spouse. Clearly, for many of the women, the decision to leave was multifaceted.

Housing

One participant indicated that there were "no rooms" on the reserve. She indicated that she "would have stayed if there was housing".

Division of Matrimonial Real Property when Relationship Ended

For the vast majority of participants (90%, see Appendix B, Table 32), there was no division of matrimonial real property when the relationship ended. Respondents gave explanations such as, "He kept the house", or "According to the band, the house was his" and "I was just there like I had no rights to anything in there". In one situation, the former spouse transferred the house to her and signed the papers. The participant had a copy and the band had a copy, "but it did not mean anything". The former spouse decided to sell the house and the band let him do so. The band then moved her to a condemned house. This happened despite the fact that the band had a copy of the signed papers. Nor was it ever contested that the transfer was invalid for any reason. According to the participant, it was a proper and legal transfer of the property ownership to her. In another situation, the former spouse kept the house and all property. When she tried to take her clothes, etc., he claimed that she could not take any personal effects out of the house because it was all "reserve property". Another participant said that the house merely stayed in his name. Another explained that the house was not divided because he had the Certificate of Possession.

Three respondents (10%) were involved in some form of matrimonial real property division. In those three instances, one involved a widower where the "matrimonial real property division" resulted in the band council taking her house. Eventually, she did get a new house from her former spouse's oldest child. In another situation, neither spouse received the house. However, legal possession of the home is to be held by their son on reaching his 18^th birthday. In only one situation was there a 50-50 split between the husband and wife.

Financial Support from Former Spouses

The majority of participants (79%, see Appendix B, Table 33) did not receive any financial support from their former partner, as indicated in Figure 18. One of the participants indicated that her former husband wanted to take her to court for financial support for him and his new girlfriend (there were no children from the marriage). Only five participants (17%) were able to secure some form of financial support from their former husbands. All five participants who had financial support obtained this through child support. However, most of these participants said that the money was only for one or two years, then the former spouse stopped making payments. Of those five participants who had secured child support, only two also had spousal support. Only one participant (3%) indicated that the question regarding financial support was not applicable.

Source: Appendix B, Table 33.

Employment Status of Former Spouse

When asked whether their former spouse was working and capable of supporting her or her children, participants' responses were equally divided. Forty-five percent (45%, see Appendix B, Table 34) of participants knew that their former spouse was employed and capable of providing financial support. Of the 45% who replied that their former spouse was either not working or working but not capable of providing financial support, most provided an explanation such as, "He works on and off", or

"He is a student", or "He is a carver, so [it is] hard to determine his salary and he put everything into his new girlfriend's name to hide it". Only one respondent did not know whether her former spouse was working. For two of the participants, the question was not applicable.

Securing Child Support Payments

Overall, participants were reluctant to pursue child support through legal action, as depicted in Figure 19. Sixty-two percent (62%) did not try to secure financial support from their former spouses. The reasons they gave included fear of their former spouse or as one participant put it, she "just wanted to get out of his life". Another respondent said that her former spouse threatened to kill her if she pursued child support. Just under one-third (31%) had tried to secure financial support from their former husbands. Of those participants, six (21%) used the courts and three (10%) used family maintenance. One of the respondents was successful in gaining child and spousal support and an order to divide the matrimonial assets equally. Only two respondents stated that this question was not applicable (7%).