Bill 2, Aboriginal Custom Adoption Recognition Act, simplifies the current procedure for recognizing aboriginal custom adoption. The act allows for the appointment of Custom Adoption Commissioners in every region or every community as required. The Commissioners are appointed on recommendation of the Minister. Their role is to complete a certificate of custom adoption that will be filed in the Supreme Court and that would hold the same authority as a court order.

It was in the area of the authority of the Custom Adoption Commissioners that members of the public expressed great concern. People were not comfortable with a solitary person having the authority to approve custom adoptions. It was expressed during the public hearings that where there is clearly no problem or controversy, the bill would work very well. However, in the cases where it isn't clear that the adoption took place in an aboriginal customary manner, or where the respected Commissioner may feel pressured into signing the certificate of adoption, the bill does not provide for safeguards.

It was felt that the Adoption Commissioner might feel more comfortable making a decision if they were doing so with more than one person being responsible for that decision. Section 3(4)(b) of the bill does not make it clear that the Commissioner has the authority to determine that the adoption has taken place according to aboriginal custom. Stating that the Custom Adoption Commissioner: "shall decline to issue a certificate if the Custom Adoption Commissioner (b) is not satisfied that the adoption took place" is too vague. The bill should be amended to add, "in accordance with aboriginal custom" after the word "place" or in a manner that the legislative drafters feel is appropriate. The Minister has agreed to amend the legislation accordingly.

The bill also provides consequential amendments to the Vital Statistics Act. These amendments are administrative in nature, however, Members of the committee feel that the amendment to subsection 13(2) of the Vital Statistics Act did not hold with the spirit and intent behind aboriginal custom adoption. This amendment would see the substitution of the original live birth registration with a new registration of birth which only contains the names of the adoptive parents. Members feel that, although the file containing the natural birth parents' names would not be closed but could be accessed by the adopted person, the spirit of custom adoption promotes the association of the natural parents and the adopted child.

It was felt that a new live birth registration should be developed for custom adoptions that contains the names of both the natural and adoptive parents. The Minister agreed to address this issue through amendment.