Élaine Michaud

[Expansion and Conservation of Canada’s National Parks Act, June 10th, 2013]

Mr. Speaker, I thank my colleague for her question.

What she describes is strangely reminiscent for me of the situation currently prevailing with regard to aviation. Developers can in fact set up anywhere, without having to ask permission from Transport Canada to do anything. They merely have to notify it of what they are doing. Here we have a similar scheme. I find this deplorable and rather disturbing.

I said just now that people seemed to be saying there would be no exploration or drilling on Sable Island. However, the subsoil of Sable Island is not part of the national park. It would be excluded.

I do not entirely understand the reasoning of this government, which asserts that it will not allow any exploration on Sable Island, even though the subsoil nevertheless remains accessible to some companies. Are we going to find similar measures in future laws establishing national parks? I hope not.

I hope that the necessary provisions to avoid such a situation will be included in Bill S-15.

[Expansion and Conservation of Canada’s National Parks Act, June 10th, 2013]

Mr. Speaker, I would like to thank the member for her question.

The NDP government in Nova Scotia is doing what I would like to see the federal government do. It is taking the time to consult those who will be affected by the bill; it is taking the time to discuss the matter with all segments of society, from first nations to industry. That openness is important. It is important to hear all the points of view and have a conversation in order to come to the best possible agreement. That is worth applauding. The NDP government in Nova Scotia took steps to get to where we are concerning Sable Island.

What saddens and worries me is that there is still the possibility of exploring for oil under Sable Island. Similar measures could be put in place for other new parks. Currently, certain oil companies are retaining their right to drill under the island. They can set up 1.1 or 1.2 nautical miles away from the island and drill horizontally under the island.

I see some of the members opposite gesturing as if to say that that is not the case. However, ExxonMobil is one such company that is retaining its right to drill under Sable Island. This is a first for a national park. I am worried about the precedent it will set.

I hope that we can really have that discussion in committee because, generally speaking, the Conservatives hold the majority in committee, and they cut short most of the discussions that are not to their liking.

I hope that, this time, they will take the time to listen to all of the witnesses and really take an in-depth look at this issue.

[Expansion and Conservation of Canada’s National Parks Act, June 10th, 2013]

Mr. Speaker, I am pleased to rise in the House in support of Bill S-15, Expansion and Conservation of Canada’s National Parks Act, at second reading.

I should first note that I will be sharing my time with the member for Saint-Lambert.

Among other things, Bill S-15 proposes to make Sable Island, a small island 175 km off the south-east coast of Nova Scotia, Canada’s 43rd national park.

It is a very interesting bill that has support from regional and national environmental groups. It is the result of negotiations between the federal government and the provincial NDP government. Clearly, with support from the community and from government, we already have an opportunity to take the longer view, and perhaps support it.

A few months ago, on one of those rare evenings of rest I was able to get, I happened upon an article about Sable Island. I was truly fascinated by what I was able to learn, particularly about the unique ecosystem of this thin sand dune off the coast of Nova Scotia. I found the island absolutely magnificent. It is a most impressive place, with over 300 unique species of birds, insects and butterflies, and a herd of the wild horses that are the cause of its fame.

The flora of Sable Island are just as varied, and include a number of plants rarely found elsewhere on our planet. Uninhabited, except for a handful of researchers, this island continues to stir the imagination of Canadians today, and must be protected, both because of its unique and important ecosystem, and its historical value. The island is very fragile, and exposed to the winds of the Atlantic Ocean. In an intensified way, it is subject to the weather conditions of the environment in which it is located.

In designating Sable Island as a national park, this government has the responsibility of granting it the enhanced environmental protection measures that should accompany its designation as a national park.

Although Bill S-15 seems to be an initial step in the right direction, there are still a number of concerns about its wording.

First, the bill prohibits drilling within one nautical mile of the island, or on its surface, but still allows drilling underneath it. This is a first for a national park in Canada, but it is not one to be proud of. In my view, a very dangerous precedent is being created for future national parks that may be created over the years in Canada. I would not like to see similar rights granted to some companies that own drilling rights, such as ExxonMobil, which still has the right to drill close to Sable Island. I believe such an opening is very dangerous, and it should be studied in detail in committee.

The current wording of Bill S-15 also allows various types of low-impact exploration on the surface of the Island, but without a clear definition of what that expression means. I have problems with this, because it is difficult to imagine all the different kinds of exploration that might be carried out on Sable Island, which is already very fragile.

My colleague from Gaspésie—Îles-de-la-Madeleine has raised some concerns about the effects of some kinds of exploration, which are considered to be low-impact but which can have very harmful effects on marine mammals in the vicinity of such tests.

For these reasons, the Standing Committee on Environment and Sustainable Development has a lot of work to do before we can fully support the bill as currently drafted. It has some fairly serious shortcomings, and we must ensure that the text that emerges from the committee's proceedings guarantees genuine protection for Sable Island's invaluable habitats and ecosystems.

Parks Canada's mandate is to protect the natural and cultural heritage of our national parks. The final text of Bill S-15 must truly reflect that mandate and implement practical measures to ensure that it is carried out.

I come from the riding of Portneuf—Jacques-Cartier, where nature is a very important part of people's everyday lives and environmental protection issues are among their greatest concerns. They regularly enjoy the outdoors, hunting and fishing, but they also want to protect our natural resources.

Last Saturday, I attended the Saint-Basile-de-Portneuf fishing festival, during which I even had a chance to go and stock the river with trout.

This is one of the many actions the municipality takes every year to ensure that fishers retain their access to the river, which is very close to the village, and are able to continue fishing without depleting all the fish stocks in the river. These efforts show how important nature is to the people of my riding.

Although there is no federal national park in my riding, there is a provincial park, the Parc national de la Jacques-Cartier. There is also the Portneuf wildlife reserve, which I highly recommend to everyone as a summer vacation destination. People will not be disappointed by it.

The Parc national de la Jacques-Cartier is less than 30 minutes north of Quebec City. The Government of Quebec created the 670-km² park in 1981 to protect a representative sample of the natural region of the Laurentian mountains. Some of you may have had the opportunity to travel across part of the park if you have ever driven from Quebec City to Saguenay—Lac-Saint-Jean or other neighbouring areas. That route features a very good sample of the region's natural assets. In addition to a spectacular glacier valley, the park is also crossed by a salmon river, the Rivière à saumon, and is home to rich and diversified plant and animal life.

The Parc national de la Jacques-Cartier is also home to an isolated herd of nearly 75 woodland caribou, a cervid species considered vulnerable and found in very small numbers in the province of Quebec. I saw one on one of my many trips across the Parc national de la Jacques-Cartier, between Quebec City and Jonquière, where I lived for a number of years. Protection for the caribou's environment, part of which is located in the Parc national de la Jacques-Cartier, is essential to the species' survival.

The 775-km² Portneuf wildlife reserve is located approximately 40 km north of Saint-Raymond, halfway between Quebec City and Trois-Rivières. It is another large nature preserve in my riding. Some of you may perhaps already be familiar with the region, which is well known to hunting and fishing enthusiasts who come to the service cooperative in Rivière-à-Pierre to stock up on provisions before heading off to take advantage of this wildlife reserve's magnificent hills and valleys, as well as its countless lakes and rivers.

Plans are already underway in my riding to create a protected area in the Portneuf wildlife reserve, and work to protect the ecosystems in this part of the area is ongoing. With such a wealth of natural resources in my own riding, it is difficult for me not to take an interest in other natural resources in Canada, including those of Sable Island, which is the subject of the bill before us today.

Unfortunately, I do not feel reassured when I look at the Conservatives’ track record on the environment, particularly when the bill would leave open the possibility of drilling underneath Sable Island. An environment as fragile as this already needs our protection, and preserving its ecosystem means that the number of people visiting it should be kept down. This bill, however, leaves open the possibility of drilling underneath the island. This, to me, is inconceivable, particularly given the Conservatives' track record.

In 2012 alone, the Conservatives eliminated important environmental protection measures, including 99% of federal environmental assessments and 98% of protective measures for Canada's navigable waterways. They eliminated the protection regime for most fish habitats. They also slashed $29 million from the Parks Canada budget and eliminated over 6,000 jobs, all of which clearly demonstrates that Canada's national parks are anything but a priority for this government.

The Conservatives are proposing the establishment of Canada's 43rd national park, but are not providing Parks Canada with everything it needs to fulfill its mandate to protect and preserve our natural heritage. That is what worries me.

I am therefore supporting the bill at second reading so that it can be referred to committee for the in-depth study that is necessary. I hope that what comes back to us in the House is a version that truly protects Sable Island, an outcome that is absolutely essential.

[Business of Supply, June 5th, 2013]

Mr. Speaker, what the Minister of State for Democratic Reform said is bunch of nonsense. It is unbelievable. He is talking about a gimmick, but the only gimmick here is the Conservatives' Senate reform plan.

The Conservatives are proposing elections and term limits. Senators would be elected one time. They would be able to serve nine years and would not be accountable to the public during their mandate. For nine years, they could do whatever they want without ever being accountable to the public. That is nonsense.

His government is not doing anything about Senate reform. How can he justify keeping an institution that undermines democracy every single day? I am referring to how the Senate has rejected bills that originated in the House, such as the climate change bill the NDP introduced a few years ago. This bill had the support of all opposition parties in the House, but it was defeated in the Senate. I am also referring to the bill from my colleague from Acadie—Bathurst requiring Supreme Court judges to be bilingual. His bill was defeated in the Senate.

How can the government justify keeping an obsolete institution that violates the rights of parliamentarians and prevents them from properly serving the people they represent?

[Family Homes on Reserves and Matrimonial Interests or Rights Act, June 4th, 2013]

Mr. Speaker, I was very disappointed with the Minister of Health's attitude while my colleague from Chambly—Borduas and others were speaking.

The various disparaging remarks make me wonder if she really understands our overall position. I would like to know if she took that same attitude with the communities and the aboriginal women who wrote to the government and who appeared before the committee to say that this bill does not meet their needs and that it does not take into account the discrimination faced by the women in these communities.

I want to know if she was that closed-minded towards the women who are calling on the government to truly help them.

[Family Homes on Reserves and Matrimonial Interests or Rights Act, June 4th, 2013]

Mr. Speaker, I thank my colleague for his question, which is similar to that of my colleague from Sherbrooke and which will allow me to speak more about the lack of respect for democracy that this government shows on a daily basis.

This is even more obvious now that we are approaching the end of the session. There are two or even three time allocation motions every day. Every time, we have to fight for our right to speak, a right stemming from our mandate.

I sincerely believe that first nations communities will be very disappointed with the government's attitude, which is once again reflected in the way in which the Minister of Aboriginal Affairs and Northern Development manages his file and speaks with first nations groups.

How he manages the file is symptomatic of how this government manages all issues that affect first nations. It does not consult very much, it does not really focus on coming up with real solutions to first nations' problems and it does not even address systemic problems. I have the feeling that the communities will be very disappointed with the results of the study of today's bill.

[Family Homes on Reserves and Matrimonial Interests or Rights Act, June 4th, 2013]

Mr. Speaker, I thank my colleague for his excellent question.

In my opinion, the bill would be altogether different. Quebec Native Women is another group that opposes the current version of the bill. This group, which the government is trying to protect, clearly said:

...Bill S-2 in its current form does not meet all the concerns expressed repeatedly to the government by FAQ, particularly with respect to access to justice and capacity building of our governments and communities.

It is very clear: women who should usually feel that the government provides them with the means to stand up for themselves are telling us, their representatives, that this is not the case. Bill S-2 does not meet their needs and does not really give them access to all the legal avenues that they should have. Unfortunately, this bill does not contain any measures to address the systemic violence experienced by women in their communities.

Had the government truly considered their proposals, briefs and testimony, it would have introduced a completely different and much more effective bill.

[Family Homes on Reserves and Matrimonial Interests or Rights Act, June 4th, 2013]

Mr. Speaker, before beginning my speech I would like to mention that I will share my time with my colleague, the member for Chambly—Borduas.

I am pleased to rise today to speak on Bill S-2, 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 concerns matrimonial real property, which is the subject of this bill. At least there is some effort to resolve some problems, a certain form of discrimination against women that currently exists on reserves. This is the issue that Bill S-2 seeks to address. “Matrimonial real property” means lands and structures affixed to those lands. In this case, it would apply equally to couples in a conjugal relationship and those living common-law.

As has been mentioned, there is now a certain legal vacuum on reserves concerning matrimonial real property. This legal vacuum exists as a result of the current Constitution and the division of powers it provides for. The provinces and territories are responsible for property rights and civil rights in their respective territory. The federal government is constitutionally responsible for legislation regarding Indians and lands reserved for Indians.

Bill S-2 seeks to grant equal property rights to both spouses in a relationship. Regrettably, unlike what the government continues to say in the House, it is impossible to implement Bill S-2 as it stands. There are several reasons for this, and they have been repeatedly raised by various stakeholders who work either directly in aboriginal communities or closely with them.

Many members stood in the House and bragged about the large number of government consultations that took place before this document was produced. What they forget to mention is that there was no consultation on Bill S-2 specifically, on the most recently introduced version. There were a number of consultations that, in one way or another, broached the topic that we are discussing today—that of matrimonial real property—but aboriginal communities were not directly consulted on the content of the updated version of the bill. Off the top of my head, I believe this is the fourth or fifth version of a flawed bill that the Conservatives have been trying to pass in the House since 2008.

Certain groups and organizations were consulted in the past, and they were called before the committee to study Bill S-2. They raised the same concerns and issues that they had years before. Take a look at the testimony from the Standing Committee on the Status of Women and it becomes clear that the problems previously brought to light were not taken into consideration by the government when it wrote this bill. I am thinking, for example, about testimony from the Assembly of First Nations.

Again today I am giving a speech within the context of another time allocation motion imposed by the government.

A number of people have complained that the government did not listen to them and did not take their opinions into consideration. Yet again, the government is trying to restrict our ability as members to represent the people who want their views expressed in the House and to try, once again, to amend the bill or at least ensure that it is not passed now, without the necessary consultations.

If the proposed measures in the bill are imposed, we will completely overrule the rights of first nations communities. I feel that is disrespectful.

In addition to the work of the committee and the various stakeholders who have spoken out publicly and who appeared before the committee on this matter, a number of reports drafted over the years raise the same problems that have been raised from the outset, whether it be issues with funding to implement the measures that would be set out in a bill of this nature or issues with a lack of funding to enable aboriginal women to take advantage of any new measures that may be put in place to help them.

All of these issues have already been raised many times. Unfortunately, once again, they cannot be found in the document before us today and on which we will soon have to vote. This government is staying true to the new tradition for which it is so well known and it is doing whatever it can to restrict the right of opposition members to reflect the views of the citizens they represent.

Ever since the beginning of this debate, I have heard a number of members say that it is the opposition parties that are being undemocratic and are trying their best to limit debate. I find this absolutely ridiculous. I do not know if they have had an opportunity to listen to what they are saying or to read their speeches before they give them, but when I hear comments like these, I am appalled. Every day, I am surprised at what we can hear in the House from the party in power. It is just amazing.

Earlier I was talking about the very important problems and issues raised by the Assembly of First Nations. It has determined that three main principles are key to addressing matrimonial interests or rights on reserves.

The first of these three principles is the recognition of first nations jurisdiction. The government did not consult or even ask for their opinion or their support for Bill S-2, which is currently before us, so I find it rather odd to even think that we might be able to recognize their jurisdiction and respect their fundamental rights. In any case, when the government asks for their support or their opinion, it is not taken into consideration at all. I think this is one of the major problems we have with recognizing the first principle identified by the Assembly of First Nations.

The second principle is access to justice, dispute resolution and remedies. Here again, there is a chronic lack of funding for certain communities. I am thinking of the northern communities that are far from major centres, which will now have to appeal to the provincial courts more regularly, without necessarily having the financial resources to get there and exercise their rights.

Finally, the third principle identified is to address underlying issues, such as access to housing and economic security. I am also thinking of access to safe drinking water, another major issue that the House will soon have to deal with and take concrete action to resolve.

Coming back to this principle, we see that on reserves there are still many issues that prevent the full implementation of the measures in Bill S-2. These measures would make it possible to protect women on reserves who are unfortunately experiencing family violence.

Other problems noted by the NDP prevent it from supporting this bill. First, the bill includes a one-year transitional period to allow first nation communities to enact new laws. This one-year period is too short for many communities that want to resolve a number of outstanding issues that are not being addressed here.

Quebec is a prime example of some of the problems this bill will create. According to lawyer David Schulze, Bill S-2 overlooks the specificities of Quebec. Under the Civil Code, common-law partners do not have property rights, but they would under Bill S-2. For example, a first nations member would have rights to his Innu spouse's home on the Uashat reserve, but she would have no rights to his home across the street in Sept-Îles.

Clearly the bill does not exactly resolve the problems of discrimination that the women are experiencing when it comes to matrimonial real property.

We still have a lot of work to do to ensure that their rights are respected. That is why the NDP will continue to oppose Bill S-2, which does nothing tangible to give first nations women the help they really need.

[Family Homes on Reserves and Matrimonial Interests or Rights Act, June 4th, 2013]

Mr. Speaker, I find it strange to hear my colleague talk about consultations. A number of consultations were held, but they were not about Bill S-2, at least not this version of it. A number of consultations may have been held in the past, but the Native Women's Association of Canada and the Assembly of First Nations openly voiced their complaints and said in committee that the government did not take into account the problems they raised with the bill.

I would like to know what my colleague has to say to these associations with regard to the government's lack of interest in their opinions and demands.

[National Defence, June 3rd, 2013]

Mr. Speaker, the Canadian Forces National Investigation Service is not meant to be used by a minister who wants to investigate a journalist who is bothering him.

The minister's office is clearly involved in this witch hunt. The Minister of National Defence is going after a journalist who used information from a press release. He is picking on a journalist for doing his job. The Canadian Forces National Investigation Service currently has five investigations under way concerning this journalist. Yes, five.

Why is the Minister of National Defence using an independent investigation service for a witch hunt?