They were?
Evidence of meeting #71 for Status of Women in the 41st Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was laws.
A video is available from Parliament.
Evidence of meeting #71 for Status of Women in the 41st Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was laws.
A video is available from Parliament.
12:30 p.m.
Senior Policy Advisor, Lands Modernization Directorate, Department of Indian Affairs and Northern Development
Yes.
12:30 p.m.
Conservative
Joan Crockatt Conservative Calgary Centre, AB
Excellent.
Can you just tell us, on the ground, how are these emergency protection orders actually carried out? Is it going to be a complex process or a simple process? How will lives actually change for women on reserves who are in the middle of a family violence situation, given that there will be emergency protection orders provided through this legislation?
12:30 p.m.
Senior Policy Advisor, Lands Modernization Directorate, Department of Indian Affairs and Northern Development
I'll start, if I may, Madam Chair.
One of the things that I find is really important on a personal level is that the legislation provides for a police officer and another person—it is intended that regulations will support that it can be another person—to be able to apply on behalf of an applicant. So if that person is unable to make it, another person could.
For instance, in my community there was a young woman who was denied access to see her mother, and two weeks later she was beaten to death by her partner. Had the emergency regulations been available—it's possible she could have been worried—she might have been able to apply on behalf of. The clerk could have given her permission to do so, to have the partner removed and prevent that.
So in that instance I think that's one of the ways, with the combination, the procedurals.... Most of the provinces currently—B.C. just had their new family law come into force in March, which now includes emergency protection orders—
12:30 p.m.
Conservative
12:30 p.m.
Senior Policy Advisor, Lands Modernization Directorate, Department of Indian Affairs and Northern Development
Yes, there may be potential for that.
12:30 p.m.
Conservative
12:30 p.m.
Director General, Community Opportunities Branch, Department of Indian Affairs and Northern Development
If I could add briefly to what Ms. Greene said, in most provinces the courts, police, and so on, are already familiar with emergency protection orders. As the concept implies, it's an emergency response, so you deal with it very quickly. This legislation would extend a very similar authority to on-reserve situations. It's something, for the most part, that the provincial authorities, provincial police, are familiar with.
The funding and the work with Public Safety and the RCMP would be oriented to trying to make sure there is the right training on this federal legislation.
12:30 p.m.
Conservative
12:30 p.m.
Conservative
Joan Crockatt Conservative Calgary Centre, AB
Previously they would not have been able to apply for that. What would have happened to the women and children, just briefly?
12:30 p.m.
Senior Policy Advisor, Lands Modernization Directorate, Department of Indian Affairs and Northern Development
In response to that, quite often they end up having to leave the community, often with the children, and usually going to urban centres, leaving their support systems and their homes.
12:30 p.m.
Conservative
Joan Crockatt Conservative Calgary Centre, AB
So in the middle of the night they're packing up the belongings and rushing out of the house in crisis.
12:30 p.m.
Senior Policy Advisor, Lands Modernization Directorate, Department of Indian Affairs and Northern Development
Often. We heard from a woman who said—
12:35 p.m.
Conservative
The Vice-Chair (Mrs. Tilly O'Neill Gordon) Conservative Tilly O'Neill-Gordon
Thank you.
We now have Ms. Crowder and Ms. Day.
April 25th, 2013 / 12:35 p.m.
NDP
Jean Crowder NDP Nanaimo—Cowichan, BC
I'm sharing my time, so Madam Chair, if you wouldn't mind, please let me know when two and a half minutes are up. Because I only have two and a half minutes, I'm going to pose my questions and ask you to submit your answers in writing.
Mr. Jacques, the other day I posed a question on whether the section 35 analysis had been done on this bill and you indicated that information had been provided to cabinet that was confidential. I wonder if you could tell us what factors are considered broadly in the section 35 analysis, and if you could provide that in writing, I would appreciate it.
Ms. Greene, you indicated that provincial consultations had taken place with every province and territory—I presume. I guess not the territories because there are no reserves there.
12:35 p.m.
Senior Policy Advisor, Lands Modernization Directorate, Department of Indian Affairs and Northern Development
Yes, just the Northwest Territories has—
12:35 p.m.
NDP
Jean Crowder NDP Nanaimo—Cowichan, BC
Yes, just the Northwest Territories. So consultations took place with every province and territory where it was applicable. I wonder if you could provide in writing what specific concerns the provinces and territories raised and how they were specifically addressed in the legislation, and whether or not discussions took place on the complex land codes that exist on reserve. This has come up under wills and estates, which you are probably familiar with.
My third question is with regard to analysis of implementation costs that could be borne by the first nations and the provinces, because there will be costs for the provinces.
If I have any time left, I have a fourth question that I would appreciate your speaking to. People keep talking about violence against aboriginal women and children as being part of this bill. It is mentioned actually eight times in the legislation and I won't quote the particular sections. I'm sure you're quite familiar with that. But I wonder if you could talk about what specific measures, other than what's outlined in the bill regarding emergency protection orders, will be undertaken to combat violence against aboriginal women and children.
If this is the one you could start with, how do you see the enforcement of emergency protection orders happening in rural and remote reserves, which are already underserved by enforcement officers? If you could, please start with the protection on rural and remote reserves.
12:35 p.m.
Conservative
The Vice-Chair (Mrs. Tilly O'Neill Gordon) Conservative Tilly O'Neill-Gordon
You have about 15 seconds. Otherwise you could give it to us in writing.
12:35 p.m.
Senior Policy Advisor, Lands Modernization Directorate, Department of Indian Affairs and Northern Development
I was just going to say it's intended that, through the regulations, they're able to apply by fax, e-mail, and telephone. They can be replied to using those same methods, and they can be granted using the same methods.
12:35 p.m.
Conservative
12:35 p.m.
NDP
Anne-Marie Day NDP Charlesbourg—Haute-Saint-Charles, QC
Good afternoon.
Thank you to the witnesses for being here again.
Yesterday, the Quebec Native Women's Association issued a press release that reiterated its opposition to Bill S-2, Family Homes on Reserves and Matrimonial Interests or Rights Act.
The president said that the bill would not comply with standards set out in the Quebec Civil Code regarding the division of matrimonial assets in the case of separation or death. However, given that 40% of native couples are in a common-law marriage, that affects 40% of women.
My question is for Mr. Jacques, from the Department of Justice.
Did your department analyze the differences there would be in the application of the provisions of Bill S-2 in Quebec, knowing that the province did not have the same legal system?
Did the department conduct impact studies on the application of Bill S-2, based on the Quebec Civil Code, to identify possible contradictions or a legal uncertainty?
12:35 p.m.
Senior Counsel, Operations and Programs, Department of Justice
Thank you for the question.
I want to quickly come back to what the honourable member of the committee said previously. It was clear, in one of the recommendations of the departmental representative, that incorporating provincial laws by reference was excluded. Under those conditions, certainly by developing a system that applies to everyone, there will be differences from province to province. There are differences with the province of Quebec, as there are with Ontario or the other provinces. The provinces all have different systems, and adopting a new system will obviously create distinctions.
12:35 p.m.
Senior Counsel, Operations and Programs, Department of Justice
It is important to mention that provincial laws continue to apply when it comes to the division of personal property, child care and support. The only difference between the two systems is the division of the family home and the value attributable to it. That is the only thing that will be distinct from system to system.
12:40 p.m.
Conservative