House of Commons photoLost his last election, in 2015, with 17% of the vote.
Family Homes on Reserves and Matrimonial Interests or Rights Act June 4th, 2013
Mr. Speaker, the abuse of parliamentary democracy is the opposition. It is the opposition members using every means they can to prevent the House from adopting a bill that will give equal rights to families living on reserve. That is an abuse of democracy. That is an abuse of parliamentary democracy. The member may gesture with his head as he wishes, but I do not think that is parliamentary.
Family Homes on Reserves and Matrimonial Interests or Rights Act June 4th, 2013
Mr. Speaker, you would really have to be on the other side of the House, in the New Democratic Party, to seriously contend that the bill is being rammed through, six years after its introduction in Parliament.
The member’s proposal would enable the opposition to delay, if not completely block, a fundamental initiative under which families living on reserve in Canada would have the same rights enjoyed by other Canadians.
I know that the New Democratic Party would like to see the rights of women and children on reserve remain inferior to the rights enjoyed by every other Canadian. We, however, believe that it is time to act, and that is what the motion seeks to achieve.
Family Homes on Reserves and Matrimonial Interests or Rights Act June 4th, 2013
Mr. Speaker, as the member knows, there is no legal protection available to couples living in first nation communities that are governed by the Indian Act. This is what we are attempting to correct here. I would argue that nothing should be considered so complicated or burdensome as to justify not extending these basic rights and protections to one segment of the population.
Throughout the country, judges already deal with the division of matrimonial property off reserve. As part of our implementation plan, we are committed to ensuring that judges will receive educational materials to help them better understand the legislation and the social context in which these matrimonial real property issues arise in first nation communities.
In closing, I would also argue that Bill S-2 does not place too much of a burden on the individual, rather it is the complete opposite.
Family Homes on Reserves and Matrimonial Interests or Rights Act June 4th, 2013
Mr. Speaker, I would simply like to remind the member of something. Were he the slightest bit familiar with this issue, he would know that the first nations have already obtained the right to self-government and that they are part of a comprehensive agreement. These first nations already have legislation that addresses these issues.
The bill targets first nations that do not benefit from such a system. It is designed to enable these first nations to pass their own legislation that focuses on their own communities and on the cultural values of those first nations. They will have one year to do this, then the legislation will come into effect. Until this is achieved, even provisionally, federal rules and regulations will remain in effect. The bill was, therefore, developed to fully respect self-government, comprehensive agreements, and, most notably, the rights and treaties that are currently in force.
Family Homes on Reserves and Matrimonial Interests or Rights Act June 4th, 2013
Mr. Speaker, on the last question from the chief, the member may tell her that, indeed, the aboriginal presence in Canada enriches this great country of ours. We are attempting to work co-operatively with all chiefs and councils and first nations members in communities all across Canada in trying to reconcile aboriginal rights with Canada exercising its sovereignty.
I will read an important quote in answering the question. I will quote representatives of the Congress of Aboriginal Peoples who testified before the committee in November 2011. They stated:
The MRP Act has more significance than meets the eye, because it goes to the heart of the issue-- dignity of the person.... For many years, we’ve been calling for an effective Matrimonial Real Property regime to protect spouses who are forced to leave a reserve.... Promoting the dignity of the person does not erode Treaty or Aboriginal Rights.
Family Homes on Reserves and Matrimonial Interests or Rights Act June 4th, 2013
Mr. Speaker, as the member knows, the federal provisional rules in Bill S-2 would enable the courts to provide short-long to long-term occupancy of the family home to the exclusion of a spouse or common-law partner. The duration of this order could range from a determined number of days to a longer period, such as until dependent children reach the age of majority.
What is important to add is that the bill contemplates that with the extension of such period of time, the judge would take the advice of the First Nations Leadership Council chiefs about the implications this has on the community. Therefore, this provision in the bill would help ensure that spouses or common-law partners who are primary caregivers would have access to housing for their children and/or dependent adults. As has been demonstrated by witnesses during the debate at committee, this would really be an added value to our set of laws for aboriginal people in Canada.
Family Homes on Reserves and Matrimonial Interests or Rights Act June 4th, 2013
Mr. Speaker, once again, I totally reject the unsubstantiated and far-fetched allegations made by the member. As I said earlier, consultations were conducted.
This is the fourth iteration of this bill. On several occasions, and every time that it has been introduced in the House of Commons, numerous Canadians and aboriginals—in the first nations and across Canada—were consulted, and a number of amendments were made to improve the bill.
In fact, contrary to what the member stated, amendments were made. The result: the bill responds to the challenge Canada faces of guaranteeing the same rights to all its citizens. Most notably, it will ensure that women, children, and couples living on reserve are not treated like second-class citizens.
Family Homes on Reserves and Matrimonial Interests or Rights Act June 4th, 2013
Mr. Speaker, in short, the department consulted extensively with aboriginal nations across the country.
We began these extensive consultations in 2006. About 100 meetings were held in 76 locations across Canada, which allowed us to improve the bill at that time. A number of changes were made specifically to address the concerns of certain stakeholders, the first nations and others about the implementation of this bill. We had to ensure that its real objective of protecting aboriginal families living on reserves across Canada would be attained.
Consultations were held and changes were made such that, today, the bill passes the test and achieves its objective.
Family Homes on Reserves and Matrimonial Interests or Rights Act June 4th, 2013
Mr. Speaker, currently, aboriginal women in our country cannot go to court and seek exclusive occupation of the family home or apply for emergency protection orders while living in a family home on a reserve. The bill extends this basic protection to individuals living on reserve. In situations of family violence, which is what the member referred to, a spouse would be able to apply for an emergency order to stay in the family home at the exclusion of the other spouse for a period of up to 90 days, with the possibility of extension.
An emergency protection order is quick. It follows a simple process and is recognized by child and family justice advocates as being one of the most significant means of preventing family violence. Violations of these orders can result in fines or jail time, hence the importance of the bill.
Family Homes on Reserves and Matrimonial Interests or Rights Act June 4th, 2013
Mr. Speaker, it is interesting to me that the importance of the issue escapes the hon. member. He is talking about the economy, but we are talking about fundamental rights here.
Why do families who live on reserve in Canada not enjoy the same rights as all other Canadians and children living off reserve?
Anyone who watches the procedures of the House of Commons knows that if we do not limit debate on the bill, then it once again risks not being passed by the House of Commons. With a majority government, we can ensure, once and for all, that Canadian families living on reserve, women and children, enjoy the same protections as other Canadians. That seems to me like a fundamental, valid and justifiable reason to limit debate and ensure that these people will finally have the same level of protection as other Canadians.