Family Homes on Reserves and Matrimonial Interests or Rights Act

An Act respecting family homes situated on First Nation reserves and matrimonial interests or rights in or to structures and lands situated on those reserves

This bill was last introduced in the 40th Parliament, 2nd Session, which ended in December 2009.

Sponsor

Chuck Strahl  Conservative

Status

Second reading (House), as of May 25, 2009
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment provides for the adoption of First Nation laws and the establishment of provisional rules and procedures that apply during a conjugal relationship, when that relationship breaks down or on the death of a spouse or common-law partner, respecting the use, occupation and possession of family homes on First Nation reserves and the division of the value of any interests or rights held by spouses or common-law partners in or to structures and lands on those reserves.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

May 25, 2009 Failed That the motion be amended by deleting all the words after the word "That" and substituting the following: “Bill C-8, An Act respecting family homes situated on First Nation reserves and matrimonial interests or rights in or to structures and lands situated on those reserves, be not now read a second time but that it be read a second time this day six months hence.”.

Family Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

May 11th, 2009 / 6:10 p.m.
See context

Chilliwack—Fraser Canyon B.C.

Conservative

Chuck Strahl ConservativeMinister of Indian Affairs and Northern Development and Federal Interlocutor for Métis and Non-Status Indians

moved that Bill C-8, An Act respecting family homes situated on First Nation reserves and matrimonial interests or rights in or to structures and lands situated on those reserves, be read the second time and referred to a committee.

Mr. Speaker, I rise today to express my support for Bill C-8, Family Homes on Reserves and Matrimonial Interests or Rights Act.

We have before us in Canada, an inexcusable and intolerable situation that has gone on far too long. Before I discuss this bill, it is important to have a sound understanding of matrimonial rights and interests.

An inexcusable and intolerable situation has gone on for far too long in Canada. Before I discuss the main planks of the bill, it is important to have a basic understanding of matrimonial rights and interests.

Matrimonial real property, or MRP, typically refers to the family home where both spouses in a marriage or common law relationship live on reserve. For almost all Canadians, provincial and territorial laws protect the MRP rights and interests of both spouses in the event of separation, divorce or death. These laws address a wide range of circumstances. If the family home is sold, for instance, both spouses must share in the proceeds. These laws also authorize a judge to order a spouse to temporarily leave the family home, particularly in cases of domestic violence and physical abuse.

Shamefully, these same laws that all Canadians take for granted do not apply on reserve. Spouses who live in communities governed by the Indian Act are afforded no such protection. This is because the Indian Act does not address the issue, and past governments have failed to remedy this glaring omission through legislation. As a result, relationship breakdowns in first nations communities often lead to homelessness and poverty, particularly for women and children.

Although each victim's situation is unique, we can all envision the following type of unfortunate and sad scenario: A husband and wife and their family live together in a house on first nations land. The marriage breaks down, who knows why, and the husband forces his wife and children to leave the family home. The woman has no legal recourse. She must find another place for her and her children to live. Often she has no choice but to leave the community. She is homeless. She is impoverished. Meanwhile, no court in the land can prevent the husband from selling the home and pocketing the cash.

It is unacceptable that this scenario continues to play out in Canada in the 21st century. Parliament must act. This bill would quickly remedy this legal void.

In highlighting the importance of this Parliament passing Bill C-8, I want to stress four important aspects of this legislation.

First, our Conservative government fully recognizes that first nations are best placed to make choices about the balance between the rights of first nations and the collective property rights. They are in the best position to develop those laws. That is why Bill C-8 describes a process for first nations communities to develop and enact their own laws in this area. That is the first thing. Let us allow first nations to develop the laws that apply in their situation on reserve. I think all sides of the House recognize that.

Second, while first nations develop their own laws, a remedy for vulnerable citizens living on reserve is urgently required. Bill C-8 proposes the immediate application of interim federal protection on reserves similar to those enjoyed by all other Canadians.

Third, the bill was developed after exhaustive study, authoritative research and comprehensive consultation with first nations groups.

Finally, Bill C-8 complements this government's larger initiatives to protect the rights and interests of first nations people. Again, I would point out that Bill C-21, which we passed in the last Parliament, was supported by all sides of the House. For the first time it brought the application of the Canadian Human Rights Act to bear on people living on reserve.

The first element of Bill C-8 provides an enabling process for first nations to establish MRP regimes of their own, regimes based on the cultural and social norms of their communities. To create such a law, a first nation most hold a fair and democratic vote on its proposed MRP legislation that must be approved by the entire community.

Laws that meet these conditions are not subject to review, consideration or rejection by the Minister of Indian Affairs and Northern Development or by the department. In other words, as first nations develop those laws based on their community customs, they bring them forward and have them endorsed at the community level. I cannot intervene, nor should I, in making sure that those would be the laws of application for that particular community.

The next element of the proposed legislation goes hand in hand with my first reason for supporting Bill C-8. It sets out a federal regime that will immediately protect the MRP rights and interests of first nations spouses and common law partners. The regime would provide residents of first nations communities with access to legal recourse similar to that available to all other Canadians. This would close the unacceptable legislative gap that currently exists. It will protect some of the most vulnerable Canadians who right now have no protection in case of that marital breakdown.

Our outright support for Bill C-8 is also based on the fact that the proposed legislation is founded on a sizable body of sound research and an exhaustive consultation. There are multiple standing committee reports with all parties voicing support, having recommended a swift and enduring legislative solution. International groups, including the United Nations Commission on Human Rights, reached similar conclusions.

A comprehensive consultation process also informs the legislation now before us. In 2006 a collaborative process facilitated by the esteemed Wendy Grant-John and involving the Native Women's Association of Canada and the Assembly of First Nations saw 103 consultative sessions held at 76 different sites across the country. In fact, over $8 million was provided to the Native Women's Association of Canada and the Assembly of First Nations to carry out a consultative process. We wanted input and we got it.

This government also went to great lengths to create a legislative solution that would satisfy all stakeholders. Our proposal was largely based on the results of the consultations and many of Wendy Grant-John's thoughtful recommendations. A draft legislative proposal was then shared with key stakeholders, including the Assembly of First Nations, the Native Women's Association of Canada, the First Nations Lands Advisory Board and the provinces and territories. Their input resulted in significant improvements to the legislation before us today.

I would also point out that Bill C-47, this bill's predecessor, has been in the public domain for all to see and review for a full year now. It passed at second reading in the 39th Parliament. I think members on all sides of the House wanted to get this into committee for further evaluation and study, knowing that we need to address this legislative gap. That is why it passed in the last Parliament with all-party support.

The proposed legislation incorporates the ideas put forward and addresses concerns expressed during many years of study, analysis and discussion.

Virtually every first nation group in Canada that spoke to this issue during the consultation strongly opposed the application of provincial laws, so that option was discarded. To respond to those who demanded that any solution address the cultural values and traditions of first nation communities, Bill C-8 provides a process for first nations to develop their own culturally specific laws on the issue.

At the same time, the national approach taken in this bill will ensure that the immediate protection provided will be consistent for first nations across the country. In other words, it will apply immediately, but first nations are encouraged to bring in their own laws, and I am sure many of them will do so quickly, developed in their own communities that under this legislation will supersede the national standards in this act. It will have the stand-alone, community based, community endorsed, community ratified solution for that particular first nation. That is as it should be, in our opinion, and that is why this deserves broad support.

Some groups also raised concerns about the implementation of a federal MRP regime. There are two answers to this.

First, as I have mentioned, this legislation takes the minister and the Department of Indian and Northern Affairs out of the picture regarding first nations MRP laws on reserves. Instead, this bill recognizes that first nations, not the federal government, are best placed to make these decisions related to MRP.

We have taken many measures to ensure that even during the time when the interim federal protection applies, collective interests are well balanced with individual needs. That is important for first nations. They need to know that the reserve property that is owned collectively is not going to be sold out from underneath them. This cannot happen under this legislation. No one ever intended that and we were careful to make sure that the protection and balance is in this legislation. Again all of it was done with the intent that first nations will develop their own MRP laws that will be community specific and ratified in the local community.

Given that implementation concerns cannot be readily addressed in the legislation itself--we cannot answer all these questions that way--the Government of Canada plans to establish a centre of excellence to support first nations and to deliver training and information sessions to law enforcement and court officials. It will be a place where best practices are maintained. A repository of information and research material will be there for first nations that are in the midst of developing their own laws for their own communities.

These actions touch upon my final point.

Bill C-8 is part of a much larger strategy to improve the quality of life experienced by residents of first nations communities. This strategy involves working in collaboration with first nations organizations and other willing partners to identify and attack the root causes of injustice and inequity.

This strategy has already produced tangible results on a variety of issues and a comprehensive plan developed in partnership with the Assembly of First Nations. A good example is the specific claims legislation that this government brought in. It addresses the unacceptable backlog of hundreds and hundreds of claims. First nations have been looking for some 40 years for laws to give some assurance that these will be settled in a timely fashion.

We worked with first nations. We brought in that legislation. That plan was endorsed by Parliament to establish an independent tribunal to adjudicate these claims. I mentioned earlier Bill C-21 and the issue of the application of the Canadian Human Rights Act. It is another good example of how that kind of application on reserve, specific claims on reserve and a record number of treaty land entitlement resolutions that we have had especially on the Prairies, all point to addressing those long-standing issues in order to address other inequities and inequalities in the system, and certainly that is what we are eager to do.

As I mentioned, this will be, in my opinion, the flagship human rights legislation introduced in this Parliament, certainly by me. It deals with something that has been a legislative gap for far too long. It is something that other Canadians take for granted. It is time we addressed that gap. Some people and some communities talk about human rights. Some other countries talk about the importance of human rights; Canada certainly does, but we are acting on this basic human right.

I believe Bill C-8 offers another historic opportunity to better protect the basic rights of first nations people.

The legislation asks the members of this House two fundamental questions. First, should this country extend the legal rights, recourses and protections enjoyed by all other Canadians, and should we extend that, with this legislation, to first nations communities?

Second, should first nations have the power to develop MRP laws that reflect the cultural and social traditions of their communities? That is the flip side of the same coin.

In my opinion, the answer is yes, we must move to protect the most vulnerable in society, to fill that legislative gap as quickly as possible, to ensure that first nation communities, and especially the vulnerable in first nation communities, have the access to rights that all other Canadians enjoy.

Equally as important, the flip side of that same coin is that we on this side of the House support first nations developing their own MRP laws to address that gap. When they address that gap, it will be approved in their local communities. They will address it in a way that is sensitive to their local situation and their social norms and their cultural traditions.

Once that is done, passed and ratified, then the Minister of Indian Affairs and Northern Development and the Department of Indian and Northern Affairs cannot interfere in first nations' proper exercise of their authority to develop that MRP law of their own. That is essential to the flip side of this important coin.

It is my hope that hon. colleagues here today and in the days to come at committee will do the right thing and will do the honourable thing, which I think is to stand up for the most vulnerable in society and support Bill C-8 through all stages in this House and in committee so that first nations can enjoy the same rights as every other Canadian.

When we went through the debate on Bill C-21 in the last Parliament, there was concern about trying to achieve perfection. We talked about whether it was the right time to do this, whether we could have done something more, and whether we could have consulted more. In this case, we have consulted at over 100 different community meetings.

I suppose we could always say we could more. We could spend more money on consultations. We could extend it indefinitely into the future. But at some point we have to come down solidly and say, enough is enough, it is time to extend this right that every other Canadian knows in their heart and has experienced, sometimes unfortunately has experienced it in the courts, but at least they have a way to address this longstanding issue in their community.

I would just ask people to wrap their head around this. What would one say to that first nation lady who is looking for some access to the matrimonial real property that she and her husband have built over the years? She might say, “Unfortunately the marriage has broken down, but I could get off to the next step by getting half of the assets of the matrimonial property and move forward, maybe into another home or into another situation, looking after my children”.

We need to say to that lady or that man, “We are there for you. We will do the right thing in this Parliament of Canada. We will extend to you the same rights as every other Canadian.” We are going to do it starting today, and we are going to do it as quickly as we can.

The House resumed from May 11 consideration of the motion that Bill C-8, An Act respecting family homes situated on First Nation reserves and matrimonial interests or rights in or to structures and lands situated on those reserves, be read the second time and referred to a committee.

Family Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

May 14th, 2009 / 11:45 a.m.
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Liberal

Todd Russell Liberal Labrador, NL

Mr. Speaker, I rise to speak to Bill C-8 concerning matrimonial real property on first nation reserves. This is the second time the government has brought the bill forward. Its previous iteration died on the order paper in 2008 when the Prime Minister broke his own policy and called an early election. It certainly undermines the government's position on this and other bills when it claims the importance of its legislative agenda only to pull the plug on Parliament.

This is not to suggest that the issue of matrimonial law and family law in particular on first nations communities is not important, far from it. There is a significant gap in the law and it is important that the gap be filled. It is fair to say that there is broad agreement by the department, by all parties in the House, by first nations governments, by women's equality groups and by members of the family law and first nations bar that something must be done. We can all agree that work has to take place to put a legal framework in place to protect the interests of women, of families and of children when there is a breakdown in a domestic relationship involving matrimonial real property on first nations reserve land.

Where our party differs from the government is on the approach to this complicated question. This is unfortunate. We saw only last week in the case of the Cree-Naskapi act amendments what difference a cooperative and inclusive approach can make. In that case the Cree nation whose interests were directly involved were able to work with government on a bill that received immediate support. It was a matter of intensive negotiation involving those most affected every step of the way.

I realize that reforming matrimonial property law in all first nations reserves is a question that is different and it is unique. It is unique in the sheer number of first nations involved that make the need for consultation and cooperation that much more important.

The minister claims that first nations groups were involved in a comprehensive consultation on this bill, but that is not what I am hearing on the ground. The minister may think he consulted, but the people he should have consulted tell me otherwise. It is incumbent upon government to be inclusive and transparent in its dealings with aboriginal peoples. It has to act in a way which is consistent with the honour of the Crown. The process leading up to Bill C-8 fails this test.

Since Bill C-8 was introduced for a second time at first reading, I have had meetings and other communications with numerous stakeholders. These include first nations women's organizations, first nations governments, regional and national assemblies of first nations, and individuals. The sheer number of representations made to me on this bill far exceeds the number I have dealt with on any other piece of legislation. Not only is the number of contacts striking, so is the virtual unanimity of what they are telling me.

Anyone who has been involved in aboriginal policy for as long as I have can say that we do not often hear many first nations leaders singing the same tune. The diversity of opinions can be stark. The differences of opinion can be animated. But on the question of Bill C-8, I have heard absolutely no one from first nations communities in any capacity speak in favour of the substance or the approach of the bill.

The Native Women's Association of Canada is opposed. Like others, including myself, while we recognize the need for a change to the legal framework, there has to be a recognition of broader issues associated with family law in first nations. There are issues of access to justice, violence prevention and the balancing of individual rights and the collective rights of first nations peoples which are left unaddressed. In fact, NWAC has argued that Bill C-8, far from protecting the rights of women, diminishes them.

The Assembly of First Nations has passed policy resolutions supporting a reconciliation of first nations, provincial and federal jurisdictions over matrimonial real property; a reconciliation, not an imposition.

The AFN also supports a broader approach, including both legislative and non-legislative approaches to family law issues. The AFN Women's Council has also rejected the government's matrimonial real property approach, both in this bill and in its former incarnation.

The government defends this bill by invoking the language of rights. I cannot say that I accept that argument, not from a government which continues to drag its heels on the United Nations Declaration on the Rights of Indigenous Peoples. In fact, it is an embarrassment to Canada on the international stage that the Conservative government has so actively opposed that important international document.

Article 3 of the declaration states:

Indigenous peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.

Article 5 states:

Indigenous peoples have the right to maintain and strengthen their distinct political, legal, economic, social and cultural institutions...

Article 20 states:

Indigenous peoples have the right to maintain and develop their political, economic and social systems or institutions...

Not only is the approach in Bill C-8 inconsistent with international consensus on the rights of indigenous peoples, it is inconsistent with what Canada heard during the Royal Commission on Aboriginal Peoples. The royal commission recommended that:

Aboriginal nations or organizations consult with federal, provincial and territorial governments on areas of family law with a view to (a) making possible legislative amendments to resolve anomalies in the application of family law to Aboriginal people and to fill current gaps...

I would ask people to note the language that aboriginal nations consult with government, not that government imposes top-heavy legislation of its own. It is troubling that despite being rejected by the very people whom it purports to protect, the government forged ahead with the bill anyway.

Not only that, Bill C-8 also flies in the face of what the government's own ministerial representative recommended. Many of Wendy Grant-John's recommendations were ignored, including those concerning certificates of possession and the registration of spousal interests, the enforceability of first nations dispute resolutions and a statutory review of the legislation after three years.

Legislation on its own, without looking at the broader picture and without taking a holistic approach, may well do more harm than good. Imposing federal legislation is not a positive approach in the new era of relations with aboriginal peoples that should have been opened up with last year's historic residential schools apology. Things have to be done differently.

There may well be a place for federal legislation but only in a way that respects and encourages appropriate and holistic first nations law and non-legislative approaches to family law issues, domestic violence and matrimonial law.

Another issue which has to be addressed as part of a broader solution is that of on-reserve housing. The questions of matrimonial real property, domestic violence and access to recourse on the breakdown of a domestic partnership are intimately tied to the availability of housing on first nations land. That is true both for short-term housing solutions such as family shelters or safe houses and long-term housing, making an adequate number of homes of adequate quality for the needs of first nations populations.

The minister says that Bill C-8 would allow for first nations solutions. However, first nations have not been given the time or resources that would allow them to develop and implement their own family law and other support structures consistent with the diversity of first nations cultures.

The government's approach is one size fits all. It has not worked in the past and it will not work in the present or in the future. Canada learned that lesson the hard way through the residential schools experience.

There are legitimate questions about the verification process and the ratification rules set down which first nations would have to abide by in order to have their own law recognized.

To first nations people, this hearkens back to the days of the Indian agent, when they had an overseer, someone who would say what was right or what was wrong, what was appropriate or inappropriate in first nations communities. It flies in the face of the inherent right to self-government and the nation to nation relationship. It is a colonialist approach, an assimilationist approach, a paternalistic approach, and believe me, I use those words deliberately.

I ask, what about the first nations cultures, traditions and legal customs which are based on matrilineal descent? Many first nations have their own matrilineal or other customary law concerning marriage and families passed down through the generations. There are cultures with matrilineal descent, others which place special emphasis on extended families or family relationships which go beyond the western emphasis on the nuclear family. These aspects of first nations culture, in many cases, form customary law.

Similarly in Canada, outside Quebec which has its own unique civil code, we have customary laws too. They are no less laws because they stem from custom. They stem from an old English custom with an old English name. That customary law is called the common law. These first nations laws can be used to fill the legal gap, which Bill C-8 attempts to do so clumsily. First nations need the time and resources to do so, time and resources which the government, in Bill C-8, fails to give.

All parties need the time for full and transparent consultation. First nations need the time to develop and plan their own solutions, solutions which respect and promote their own cultural values, customary law and particular social and economic circumstances.

Government can and should be a partner in that process with the first nations. Government can and should provide the necessary support, including assisting first nations and first nations women and families to address access to law, law enforcement and enforcement of orders.

Government must act more concertedly to address the broader social and economic issues that are intimately tied up with family law on first nations reserves, including violence prevention, health care, addictions and housing. None of these social ills is unique to first nations. Unfortunately, that is far from being the case.

Government must give first nations communities and their governments just that additional window of time to develop solutions which can be built from the ground up, instead of being imposed from the top down.

A better approach would be to work productively and transparently with first nations; work with first nations governments to develop their own laws and the administrative support for their operation; work with first nations governments and citizens on the full spectrum of approaches, legislative and non-legislative, to family law. Where federal legislation is required, first nations should be brought to the table to help in the drafting of a bill that can obtain a much broader consensus. The government should engage in that intensive consultation that is required.

To that end, I would like to give the government the time it needs to work cooperatively with first nations on the complicated issue of matrimonial real property. That is why I move:

That the motion be amended by deleting all the words after the word “That” and substituting the following:

“Bill C-8, An Act respecting family homes situated on First Nation reserves and matrimonial interests or rights in or to structures and lands situated on those reserves, be not now read a second time but that it be read a second time this day six months hence”.

Family Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

May 14th, 2009 / noon
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NDP

The Acting Speaker NDP Denise Savoie

The motion is receivable.

Questions and comments? The hon. Parliamentary Secretary to the Minister of Indian Affairs and Northern Development.

Family Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

May 14th, 2009 / noon
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Vancouver Island North B.C.

Conservative

John Duncan ConservativeParliamentary Secretary to the Minister of Indian Affairs and Northern Development

Madam Speaker, I would like to express my supreme disappointment at the hoist motion put forward by the Liberal critic on aboriginal affairs. There was no signal that this would happen. The committee has been planning and preparing for witnesses for testimony. The same opposition party, in the last Parliament, expressed every desire to get this bill before committee and it has now done just the opposite.

Contrary to what the member said, there have been all kinds of consultations, There were 103 consultations across Canada during this process.

The member talked about the drafting of Bill C-28, the amendments to the Cree-Naskapi Act, and the responsible approach that was taken. That same approach was taken on the development of this bill. A draft proposal was shared with the Assembly of First Nations, the Native Women's Association of Canada and others. Millions of dollars were spent on consultations leading up to and including the development of this. We have heard from a number of vulnerable first nations women who supported this initiative.

The member talked about the United Nations. The UN committee on economic, social and cultural rights slammed Canada in 1998 and then again in 2006 for not giving aboriginal women the same rights on reserve as those off. The same goes for the UN human rights committee in 2006, the UN special rapporteur on the situation of human rights and fundamental freedoms of indigenous people in 2004, the UN special rapporteur on adequate housing in 2007, and the list goes on.

Why is the member for Labrador taking such precipitous action with no notice and with obvious negative consequences for vulnerable people? This legislation is long overdue.

Family Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

May 14th, 2009 / 12:05 p.m.
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Liberal

Todd Russell Liberal Labrador, NL

Madam Speaker, this motion is firm. It is rooted in the discussions and in the consultations in the broader sense that we have had with the first nations women and first nations families. Not one individual or group has come forward to support sending Bill C-8 to committee. If we are going to be honest about how we go forward with aboriginal people, if we are going to walk that path together, we must honour their voices and the direction they give to us as parliamentarians.

I can say to the member that it is fine to talk about human rights. Last year the government used aboriginal women, and I will say this very clearly, and put them in the window and said that it wanted to repeal section 67 of the Canadian Human Rights Act, the exemption.

When that came into force, there was a case brought to the Canadian Human Rights Tribunal against the Government of Canada by first nations. What did the government do? It said that the Human Rights Tribunal had no jurisdiction. It talks about rights but it does not put it into practice.

I have no responsibility to give notice but when I spoke with people in the department and in the minister's office I have indicated to them that we did not support Bill C-8. They asked if Bill C-8 would go to second reading and I said that there was no assurance today that it would go to committee anytime soon.

We have listened to what the first nations people have told us and we have respected what they have told us. We look forward to the government's response to moving now to put the right processes in place to make the changes that are necessary to fill the gap we all want filled.

Family Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

May 14th, 2009 / 12:05 p.m.
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Liberal

Borys Wrzesnewskyj Liberal Etobicoke Centre, ON

Madam Speaker, centuries ago, with the arrival of Europeans to the Americas, the devastation of our first nations, the indigenous people, began.

Many of those first nations are no longer with us and those who are often live in horrible conditions. Even in the last century, under the guise of enlightenment, we put in place paternalistic programs, such as the residential schools program for which we finally tried to make amends a year ago in this House of Commons.

I would like to thank the member for Labrador. In many ways he is a conduit for the aspirations, for the very hopes of our first nations people in Canada. He provides tremendous first-hand insight into the feelings of our first nations and the fears they have. Today he is sounding the alarm. He has stated that there is alarm among our first nations that Bill C-8 has not been a cooperative and inclusive approach, that we are harking back to those days of paternalistic approaches.

If we do not take the time to embrace a consultative process, what, in his opinion, would be the consequence to our first nations?

Family Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

May 14th, 2009 / 12:10 p.m.
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Liberal

Todd Russell Liberal Labrador, NL

Madam Speaker, we can only look at what the consequences have been of a colonialist, paternalistic, assimilationist approach: poverty and health outcomes. There is not one outcome where aboriginal people are ahead of the rest of the Canadian population. They have substandard housing, high unemployment, high suicide rates and a massive number of children in care. Some estimate it to be 27,000 people in care with first nations and non-first nations agencies.

This is what the imposed approach, the colonialist, assimilationist approach has done. On June 11 of last year, there was an apology. The apology was supposed to mean something: a way of doing business differently and a way of approaching our relationship with aboriginal people differently.

All of the comments I have heard around Bill C-8, the first nations people say that this reminds them of when they had Indian agents decades ago. It reminds them of the imposition of legislation that has caused this poverty, this breakdown in families and the lack of housing.

My hon. colleague is right. It is about content but it also about process. If we do not get the process right, the content means diddly-squat, to be quite honest. We need to get both right in order for it to be effective.

Family Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

May 14th, 2009 / 12:10 p.m.
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Conservative

Rod Bruinooge Conservative Winnipeg South, MB

Madam Speaker, I am not surprised at all by the motion put forward by the member for Labrador. It is indicative of past behaviour by the Liberal Party. We worked quite diligently in the aboriginal affairs committee in the past to extend the Canadian Human Rights Act to first nations people and he and his party stood in the way of that at every opportunity.

Today, for him to essentially quash extending matrimonial real property rights to first nations women, does not surprise me either.

Does the member for Labrador actually support extending the opportunity to first nations women to remain in their marital home should their marriage break down?

Family Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

May 14th, 2009 / 12:10 p.m.
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Liberal

Todd Russell Liberal Labrador, NL

Madam Speaker, what a foolish question. I will take no lessons from the member for Winnipeg South. I have been fighting for the rights of aboriginal peoples for the last 12 to 15 years. I have protested and I have been arrested.

I will listen to the voices of the aboriginal women, not the voices of the member for Winnipeg South or the Minister of Indian Affairs and Northern Development who wants to impose his legislation. I will listen to the voices of women who say that there is a better way to resolve the issue of matrimonial real property on reserves.

If the Conservatives want to respect women, if they want to talk about rights being extended to all women, families and first nations, they should follow that particular process and listen to the voices of women.

Family Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

May 14th, 2009 / 12:10 p.m.
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Bloc

Marc Lemay Bloc Abitibi—Témiscamingue, QC

Madam Speaker, we are discussing an extremely important bill. I, too, am somewhat surprised by my Liberal colleague's position. I do not think that his is the right approach just now, particularly when it comes to the matrimonial rights of aboriginal peoples. This bill has gone by several numbers, of which I will list just two. Bill C-47 died on the order paper last year when the election was called, and now we have Bill C-8.

The Bloc Québécois believes, and I hope the NDP will agree, that this bill should be studied in committee. It is of utmost importance that this bill be debated, analyzed and closely examined with witnesses by the Standing Committee on Aboriginal Affairs and Northern Development. Allow me to explain.

I am aware of the rules of Parliament. By presenting an amendment to delay study of the bill for six months, the Liberal Party knows full well that the bill will die on the order paper. I am absolutely certain that that is not what aboriginal women want. They want respect, and the Bloc Québécois believes that aboriginal women will get respect if we study the matter of matrimonial rights respectfully once and for all.

I hope that my Conservative Party colleagues will not take it for granted that our support for Bill C-8 is firm and unconditional. I want to say right now that we really do not like Bill C-8, not one bit. It does have some good points and measures, but some things in the bill are just not well thought out. If the government is serious about this, and I hope that it is, it will understand that we want to take as much time as we need in committee to properly study this bill, pick it apart and amend it as necessary. This bill must meet the needs of aboriginal women, first nations and aboriginal peoples across the country.

The government will have to explain why it set aside the main recommendations made by Ms. Grant-John, who did an exceptional job of examining this issue. The issue of matrimonial rights has been around for a number of years. With all due respect, the Liberals do not have a leg to stand on when criticizing the Conservatives at this stage regarding Bill C-8. It was the Liberals who introduced the famous Bill C-31 on women's matrimonial rights, the 1985 bill that erased women's rights in their entirety in one fell swoop. They should remember that the bill languished. Although the Conservatives adopted the bill, it originated with the Liberals some time before that.

It is odd because the Liberals know this. An extremely interesting ruling was just handed down by the Court of Appeal. It concerns the rights of aboriginal peoples, especially women's rights. This ruling was handed down on April 6, 2009.

The government will have to take it into account because the British Columbia Court of Appeal ruling overturns several decisions and forces the government to recognize that it imposed a law that discriminated against aboriginal peoples.

In the matter at hand—and we will come to an agreement rather quickly—it is clear that 90% to 95% of the matrimonial rights cases concern women and children in native communities. It is equally clear that the rights of women have been violated. In my opinion, moving forward and adopting the amendment would kill the bill. With all due respect for my colleague from Labrador, and based on my extensive experience, I know that unless the government is forced to act it will not do so. In this case, it is not true that there will be further consultations if we give the government six more months. That is not true. I do not buy it.

We in the Bloc Québécois prefer to move forward, and I hope that my NDP colleagues will feel the same way. I hope that what I am about to say will be well translated and that our friends opposite will understand me clearly. I have just one hope, and that is that they do not seriously believe we are going to pass this bill in a rush and study it quickly in committee. It will take months. I hope they realize that, because if they do not, then there will be trouble. But that is very clear.

I have a few questions. Why is it that Ms. Grant-John's entire report was set aside?

Why is it that none of the recommendations made by the rapporteur, Ms. Corbett, were acted on?

It is odd, because I was looking for support for this bill among aboriginal women in Canada and in Quebec, but both groups said no. I spoke this morning with Grand Chief Picard, who also has problems with this bill. But I will give it a chance.

In my opinion, the Bloc Québécois, probably with the support of the NDP, will be willing to refer this very, very important bill to the Standing Committee on Aboriginal Affairs and Northern Development so that it is studied properly in the interest of the rights of women living in aboriginal communities. This problem has existed in aboriginal communities for too long, and we must find solutions. For my part, I believe, with all due respect, that having a minority government is not a bad thing.

We have seen evidence of this. I will give my colleagues opposite the chance to respond. I will quickly give a brief history of Bill C-21, which was passed during the previous session. This bill repealed section 67 of the Indian Act. As a result, aboriginal communities will now be accountable, and complaints can be filed against them with the Human Rights Commission.

Our Conservative colleagues opposite were opposed to all the amendments we had made to the bill. The original bill consisted of just one clause. When it came out of committee, was reported in this House and was passed, it included 12 or 13 clauses. I was very closely involved in the study of the bill, and I can tell you that it was thanks to the aboriginal communities and all the members of the committee that we were able to seriously amend Bill C-21 so that it respected the rights of aboriginal peoples.

I have a problem with hoisting this bill. In my opinion, we need to study it and make amendments, and we need especially to heed the protests of the aboriginal women who were not consulted.

There is a Supreme Court decision about consultation with respect to Supreme Court rulings. If this is the case, I do not believe, with all due respect for my colleagues across the way, that such consultation has taken place. They could have taken a few more months. We will set the process in motion during those months and it will take the time it needs to take. The Bloc Québécois wants to see this bill amended to take the rights of aboriginal women on reserves into consideration.

The situation can be easily summarized. An aboriginal couple marries, has children and accumulates assets on reserve. They might, for instance, own a convenience store, a service station or some other business. The couple separates. The woman leaves the marital home, as usually happens, unfortunately, and leaves the reserve. She settles in town or somewhere else. Then comes the issue of who owns the convenience store, the garage or the business. They are located on the reserve and thus on federal territory. The situation is not clear.

The Bloc Québécois wants to examine this bill. A lot of work has been done on it by the Mohawk Council of Akwesasne, and they have sent recommendations to us. I have read them and I believe that they need to be taken into consideration because a number of Mohawk communities, and probably some others as well, have what is called a matrimonial property rights tribunal. These are in place in the communities and we must respect what is being done in the communities. We need to take steps to ensure that we respect what is already in place, but the bill as it stands is not clear about this. What is more, the government seems to want to have a degree of control over the settlement of matrimonial property rights on the reserves, but I must admit this is not clear. If the regulations do not work, the federal government could change them. I believe I read that. If the government wants to go ahead with this, there is going to be a serious problem.

However, I want to point out that matrimonial rights have a huge impact on communities. Often, the women and children wind up with nothing and are expelled from the reserve, while the men keep everything. I do not want to generalize, but I would say that this is what happens in 80% or 90% of cases. I know, because I live in Abitibi-Témiscamingue and I have a good idea of what is happening in my communities. We must not be blind or ignore what is happening. We need to pay attention and take into account individual and collective rights.

There will be a serious debate about collective versus individual rights. This bill is not clear. It deserves to be debated and examined in greater detail. I will say to my Liberal colleagues, as I said at the start, that the worst that could happen would be that, if the committee is not happy with the responses and if the amendments we propose are not incorporated, we kill the bill. The three opposition parties can kill the bill, obviously. The government will have to understand that it is in its interest to respect what aboriginal communities want, which is not to be pushed around. They want to be heard. The main groups want to be heard and want to have a chance to speak.

I have asked that they propose amendments. We will have to look at the clauses. I know that aboriginal communities and groups, the Native Women's Association and the Assembly of First Nations of Canada may be opposed to the bill as it currently stands.

In life, it is not enough just to be opposed to something. You have to come up with solutions to the problem. When a party is opposed to the bill, I respect its position. But what solutions does it have? What amendments does it propose? This bill also raises the whole debate about incorporating provincial and territorial laws. The problem of respecting women's rights has never been easy to solve, and it will not be easy to solve with Bill C-8.

But if we do not make the effort to sit down all together at the same table to discuss, amend and adapt this bill so that it respects women's rights, we will miss the boat and pay the price. I especially do not want to be pushed around on this issue. I want us to take our time and study this bill carefully, and I want us to listen to the groups that propose amendments that we will study and analyze. I hope that the government does not think that this bill will be passed before the end of the current session. If it does, then we will have a serious problem.

This is a very important bill. Bill C-21 repealed section 67 of the Indian Act. We took the time we needed, and we did things properly. We also passed a bill about specific claims. We took the time to talk to aboriginal communities and aboriginal association representatives. This is a good bill that should satisfy aboriginal communities.

This morning, the committee—and I am in a position to know—passed Bill C-28 without amendment, or rather, with a small amendment concerning syntax. The bill should be back before the House when we return from the Victoria Day recess or, in our case, the fête des Patriotes. We passed the bill, and the Cree people are satisfied. It took 10 years, but now it is done. I am not suggesting that it will take 10 years to pass Bill C-8, but I think that it will take a few months. We have to take the time to listen to aboriginal community representatives. Important things, such as federal legislation on matrimonial property and recognition of the jurisdiction of first nations, must be taken into account. How will we do that?

I will end with a discussion of a principle that I believe in: if one wants what one has never had, one must be prepared to do what one has never done.

We are about to do something that we have never done: respect aboriginal women. That is what we will do as we study the bill in the Standing Committee on Aboriginal Affairs and Northern Development over the next few months.

Family Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

May 14th, 2009 / 12:30 p.m.
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Vancouver Island North B.C.

Conservative

John Duncan ConservativeParliamentary Secretary to the Minister of Indian Affairs and Northern Development

Madam Speaker, I want to assure the Bloc member, who is a member of the standing committee, that the Conservative Party is not going to take the Bloc position for granted. I want to also assure my colleague that the government is committed to this legislation. The minister made this very clear when he spoke to the bill recently.

My colleague made statements about the ministerial representative. I would like to ensure that people are well aware that the ministerial representative's final report contained 64 conclusions and recommendations, many related to broad issues and non-legislative matters, while 33 recommendations related specifically to the content of the proposed legislation, and 30 of those 33 recommendations are addressed in the bill in a manner consistent with her recommendations.

I noticed that the member talked considerably about collective rights and individual rights. He made a very significant point. Does the member believe that the most vulnerable individuals in the community, mainly women, will come publicly and individually to support Bill C-8 when their views are contrary to their leadership and their political groups?

Family Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

May 14th, 2009 / 12:35 p.m.
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Bloc

Marc Lemay Bloc Abitibi—Témiscamingue, QC

Mr. Speaker, I thank the hon. Parliamentary Secretary to the Minister of Indian Affairs and Northern Development for his excellent question.

In response, to give a straight answer, I do not know. There is no way of knowing based on what we have before us today. That is why we want aboriginal women to appear before the committee to explain the problem and tell us what they recommend. We must take those recommendations into account before we move ahead on this matter.

Right now, I am not at all convinced that the government has taken the requests of aboriginal women, either collectively or individually, into account in drafting this bill. Although we do not really support this bill outright, we will vote in favour of it so it may be sent to committee. However, I would like to hear from aboriginal women affected by this problem.

Family Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

May 14th, 2009 / 12:35 p.m.
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Liberal

Todd Russell Liberal Labrador, NL

Madam Speaker, I listened with interest to the speech of my colleague from the Bloc Québécois. I found it very interesting considering that this is such a flawed piece of legislation.

I believe he, more than most in the House, understands how narrow and how prescriptive amendments to a particular piece of legislation can be. There have been other examples of a piece of legislation in the House being scrapped because it was fundamentally flawed. Sometimes a piece of legislation is referred to committee after first reading to allow for greater and broader amendments. None of that was agreed to.

I have talked to aboriginal people and organizations. The AFM had a resolution. I spoke to the AFNQL and the AFN Women's Council in Quebec. All have said they oppose Bill C-8. Not one of them said the bill should go to committee to try and get some amendments. That is what they wanted. We tried to respond to the wants and needs and aspirations of aboriginal people. We are telling the government that it has time to work with them to do something better and bring it back to the House.

We cannot give the government six more months because not much will be done and then keep the bill in committee for a year. It is time to listen to aboriginal people and stop playing politics with this legislation.

Family Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

May 14th, 2009 / 12:35 p.m.
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Bloc

Marc Lemay Bloc Abitibi—Témiscamingue, QC

Madam Speaker, although I respect my colleague, I do not agree with him. I think we should study this bill, and the leaders of those organizations must also understand that women have rights. Clearly, many women are afraid. They will probably be afraid to come and testify; I do not know yet, but one things is certain: if we do nothing, they will continue to live in fear. Women will continue to be denigrated and lose even more rights in aboriginal communities.

I want us to be able to meet with them. It is not true that consultations are going to be held, and if we block this bill now, there would be none in the future.

This bill will force the government to take action, if we amend it based on the rights of aboriginal women, and of course, our respect for them.