Why is it necessary that the legislation balance individual rights with collective rights?
Equality rights are guaranteed under sections 15 and 28 of the Canadian Charter of Rights and Freedoms, and existing collective Aboriginal rights are recognized under section 35 of the Constitution Act, 1982, and referred to in section 25 of the Charter. The proposed legislative approach is based on a careful balance between individual rights (specifically the need for spouses and common-law partners on reserves to have access to rights and remedies similar to provincial and territorial family law remedies which exist off reserves), and the collective interest of First Nations in their reserve lands. Since traditional practices and values vary amongst First Nations, solutions to this issue must have the capacity to take into account and, where appropriate, accommodate a diversity of traditions and customs. For this reason, the legislation provides for First Nations to be notified in regard to any proceedings under the legislation, except in the case of emergency protection and confiden
