Same-sex changes raise concerns

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Canada's move to recognize gay unions with provisions for same-sex benefits has opened up a debate about gay rights among the First Nations of Quebec.

Ottawa's recently introduced legislation on same-sex benefits would allow a Naskapi man to live in his community in a common-law relationship with a non-Naskapi man, without the consent of the band council.

Bill C-23 has already been adopted by Parliament and is awaiting Senate approval. It was introduced because of a Supreme Court ruling last year that said gay Canadians have the same rights as heterosexuals, including rights that come with being married.

First Nations aren't exempt from the law. Ottawa has promised to amend the Cree-Naskapi Act to force the Crees and Naskapi people of northern Quebec to comply with the changes. Mixed-race couples now have the right to live together in the communities only if they are heterosexual.

That has officials upset in the Naskapi Nation of Kawawachikamach, 1,000 kilometres north of Montreal. The Naskapi have opposed Bill C-23 in a brief to the Standing Committee on Justice and Human Rights, and also plan to take their concerns to the Senate.

It's not that the Naskapi are against gay rights, said Johnny Mameamskum, director-general of the Naskapi Nation. The problem is that Ottawa is amending the act without Naskapi or Cree consent. He noted that the Naskapi have been trying to amend the Cree-Naskapi Act themselves for 14 years for other reasons, without any progress.

"I am not anti-homosexual," said Mameamskum. "What we are against is the amendment to the Cree-Naskapi Act. Under the law, any amendments need the consent of all parties."

He said a unilateral change to the act would "set a precedent for other First Nations across Canada" allowing their treaties to be unilaterally changed, too.

Mameamskum acknowledged, however, that some Naskapi are simply against gay unions.

"There would be concern from Elders because, for biblical reasons, this is a taboo," he said.

The Grand Council of the Crees is staying away from the issue because officials said they are too busy fighting an international campaign against forestry practices in their homeland.

"We knew, inevitably, this was going to come," said Nemaska Chief George Wapachee, who believes Crees would be tolerant of any changes. "Some Elders might have concerns. But on the whole, it's part of the whole changing times. We have to keep up with it."