Bill C-47 (Historical)

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 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.

Family Homes on Reserves and Matrimonial Interests or Rights Act

[Tina Keeper, Liberal, Churchill, MB]

Mr. Speaker, I am pleased to participate in the second reading debate on Bill C-47, 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. I am especially pleased to contribute to this debate as I am a Cree first nation woman of the Norway House Cree Nation on my paternal side and the Muskrat Dam First Nation in the treaty 9 area on my maternal side.

Matrimonial real property rights are a long-standing issue of great concern. Over 20 years ago the legislative gap was brought to the forefront by the Supreme Court rulings in Derrickson v. Derrickson and Paul v. Paul. The result of these rulings is that provincial and territorial laws relating to the division of matrimonial real property upon marital breakdown do not apply on reserve lands.

In the “Report of the Ministerial Representative: Matrimonial Real Property Issues on Reserves” which was delivered to the Minister of Indian Affairs and Northern Development on March 9, 2007, ministerial representative Wendy Grant-John contextualized the importance of finding solutions to this ongoing issue:

The impacts of the lack of matrimonial real property protections have been greater for First Nation women overall than for First Nation men due to current social roles and ongoing impacts from past discriminatory provisions of the Indian Act that excluded First Nations women from governance and property. The issue of domestic violence is linked to matrimonial real property issues. Protecting the interests of children is a central concern.

This is not the first time I am addressing this matter in the House. My hon. colleagues will recall Bill C-289, the private member's legislation which was introduced in the previous session of this 39th Parliament. While the bill before us today was introduced by the government, I understand that it is similar to Bill C-289, in that on neither was there a sufficient consultative process. The government thereby circumvented its legal duty to consult. The House does not need to take just my word on this. In a media release issued on March 4, 2008, the same day the bill was announced, the Native Women's Association of Canada said of the Conservatives' bill:

The Government of Canada has acted unilaterally in trying to resolve the issue of a lack of matrimonial real property laws that apply on reserve. Despite engaging in a discussion process with relevant National Aboriginal Organizations, the federal government introduced legislation, The Family Homes on Reserve and Matrimonial Interests or Rights Act, that does not have the support of the Native Women's Association of Canada.

In addition, on April 28, 2008 the deputy grand chief, RoseAnne Archibald, of the Women's Council of the Assembly of First Nations stated in a media release:

We are not convinced that the Bill as it stands is going to help First Nations women access justice. Let's be clear, First Nations women and families have waited too long already for equitable and workable solutions and this bill is at best a half-way measure.

First nations people deserve legislation that respects the Crown's legal duty to consult. They deserve legislation to reflect their interests, their customary laws, their traditional ways and their just place in this country.

Indian and Northern Affairs Canada may have initiated a discussion process with the Native Women's Association of Canada and the Assembly of First Nations as neutrally brokered by an appointed ministerial representative, Wendy Grant-John, yet the substance of the proposed legislation clearly indicates that the government in no way listened to the concerns or suggestions voiced by aboriginal women across this country.

As contained in the report by Wendy Grant-John, participants dismissed any legislative solutions that would infringe on aboriginal and treaty rights, or be impractical to implement due to problems of harmonization and conflict of laws, nor did they support a concurrent jurisdictional model. Support was given to potential remedies which were based on first nations practice and legal traditions and first nations views of land and family.

If indeed it is the intent of the government to address critical issues facing first nations women and children, then I find it difficult to understand why it has failed to listen to the voices of aboriginal women who have spoken out on the issue of matrimonial real property.

The lack of consultation by the government is deeply troubling for Native Women's Association of Canada President Beverley Jacobs. As she clearly stated in a news release on March 4:

I promised Aboriginal women who participated in providing solutions to this issue that their voices would be heard. I worked hard to get their messages to government but those messages fell on deaf ears.

In summing up her critique, she added:

In the end, we end up with a more worthless piece of paper.

In light of Ms. Jacobs' assertions surrounding the lack of consultation by the government in the formulation of Bill C-47, it is not surprising that the Native Women's Association of Canada and other organizations representing aboriginal women have expressed significant concerns.

The Native Women's Association of Canada does not support Bill C-47. In its estimation the legislation does not include non-legislative measures to address matrimonial real property, nor does it address the needs of individuals affected by matrimonial real property. Indeed, the Native Women's Association of Canada has outlined a number of issues of concern with the proposed legislation, a few of which I will briefly highlight.

First, it suggests that the proposed legislation lacks concrete information regarding the implementation plans and measures, including timeframes, resources for measures specified in the bill and resources for first nations to implement the legislation.

Second, the association believes there is a lack of information in relation to the provision of resources to first nations to enable them to develop their own laws for matrimonial real property and to develop capacity to implement either the proposed legislation or their own laws related to matrimonial real property.

Third, the proposed bill is also lacking in compassion for newly widowed spouses. According to the Native Women's Association of Canada, Bill C-47 sets out a time limit of 180 days for a widowed spouse to vacate a family home after the death of his or her partner. The Native Women's Association of Canada calls for an extension of this limited time period.

Fourth, Bill C-47 is perceived by NWAC to not be a remedy for the status quo of women and children being forced to leave first nations communities following the breakup of a marriage or common law relationship. The lack of adequate and appropriate housing in many first nations communities, which is not addressed in the proposed legislation, means women will continue to be forced off reserve to seek housing. In so doing, they will lose access to their family, social networks, their culture, language and the services provided to them on reserve.

Finally, NWAC is concerned that the proposed legislation will negatively impact aboriginal women who cannot access the legal system due to multiple factors, including poverty, lack of information and geographic isolation.

NWAC is not alone in its criticism of Bill C-47. The Assembly of First Nations Women's Council also sees significant problems with the bill as it stands. Specifically it outlines four areas of concern.

It asserts that the bill will ultimately force first nations women to seek remedies in provincial courts. This is neither timely nor financially viable for many first nations women in remote communities.

Aboriginal women asked the government to formulate legislation on matrimonial real property rights that reflected their cultural values and traditions. The proposed legislation does not reflect this desire and instead would compel first nations women to be subject to provincial and federal structures and rules that they had no part in crafting.

The AFN Women's Council also calls into question the constraints placed upon first nations in the proposed legislation. More specifically, it draws attention to the reality that the bill would impose a complex bureaucratic system with no support or consideration for implementation on first nations. In so doing, the bill fails to recognize the authority of first nations.

Finally, the AFN Women's Council is adamant that if matrimonial real property rights are to be meaningful for aboriginal women, the government must address the serious lack of adequate safe and accessible housing on reserve.

I believe the concerns of NWAC and the AFN Women's Council clearly demonstrate that the government did not meaningfully engage in a dialogue process with aboriginal women. Any claims to the contrary are clearly a misrepresentation of the facts.

The Minister of Indian Affairs and Northern Development is keenly aware of how disappointed first nations people are with the government's handling of the dialogue process leading to the formulation of Bill C-47.

In a letter addressed to the minister and dated April 8, Grand Chief Phil Fontaine of the Assembly of First Nations wrote:

--the federal government had many, many opportunities to address these matters properly and effectively. Unfortunately, the advice and direction of AFN and First Nations has not been heeded and I must point out that the First Nations assessment of the proposed legislation will likely be that it is unconstitutional in law and of no value to First Nations individuals or governments in practice.

Bill C-47 reflects another missed opportunity by the government to truly engage first nations people in a meaningful process to strengthen their capacity for self-determination. Instead of working collaboratively with first nations people to produce a solution to the legislative gap in connection to matrimonial real property rights, the government has conceived legislation that will impose a system upon first nations.

The most significant opportunity this government missed to promote first nations self-determination was its dismissal of the Kelowna accord. The Kelowna accord was a first step that would have provided over $5 billion to address critical issues affecting first nations women and children, including the day to day urgent needs in housing, safe drinking water, education, health care and developing capacity in the health care field, economic development, and addressing governance structures, which is absolutely essential for aboriginal people to move forward in self-determination.

Another more recent example of the government's unilateral approach to first nations governance in Canada was its decision to vote against the United Nations Declaration on the Rights of Indigenous Peoples. Time and time again, the government is claiming to improve the lives of first nations people in this country, yet it is doing nothing substantial to improve the capacity of first nations people for their own self-determination.

In conclusion, I want to reiterate that Bill C-47 is legislation that was not created through consultation with first nations people. The government has circumvented its legal duty to consult first nations on the issue of matrimonial real property rights and any assertions to the contrary are false.

As Grand Chief Phil Fontaine wrote in a letter to the Minister of Indian Affairs and Northern Development:

Real and lasting solutions must address the real problems...The quick fix approach does not work and, in fact, can harm First Nations collectively and individually.

I hope the minister will see fit to engage in consultations with first nations people in the future.

[Rod Bruinooge, Conservative, Parliamentary Secretary to the Minister of Indian Affairs and Northern Development and Federal Interlocutor for Métis and Non-Status Indians]

Mr. Speaker, I appreciate the opportunity to ask a question of the member for Churchill. Of course she represents the part of Canada where I grew up and I know that many first nations in the north also have to deal with these important issues of matrimonial property and of course marriage breakdown. Although it is an unfortunate situation, it does occur, so I am very happy to hear that her party and of course her colleagues are supportive of bringing this bill forward to committee.

Does she believe that this plan, for which the Government of Canada sought input from over 109 different groups in 64 different locations, is a good foundation from which to start this process? Will it help the committee as it goes forward to bring in new information, new consultation and new witnesses? Does she believe that we must proceed on this important piece of legislation because it is needed in first nations communities?

[Tina Keeper, Liberal, Churchill, MB]

Mr. Speaker, nobody in this House is disagreeing with the fact that this is needed and is a necessary step. In fact, we all have stated in our speeches that this issue has come forward to Parliament, has been discussed and has been the subject of committee reports and Senate committee reports. In fact, the first nations organizations and the Native Women's Association of Canada have been participating in seeking a partnership toward solutions.

What is really important about what is happening on Bill C-47 and which we must never forget is this fact about the Native Women's Association of Canada and the Assembly of First Nations, particularly the Women's Council of the Assembly of First Nations. Over 100 chiefs in Canada are women. In my riding, we have a first nations women's council that does a significant amount of work in the Manitoba region. What we must not forget is that everybody felt hopeful that they were being engaged in a process, not only a dialogue process that was set out. In fact, even in Manitoba, the Assembly of Manitoba Chiefs and the first nations women's council were really proud and really encouraged to host a region-specific information session on matrimonial real property.

However, here I would like to make two points. One is that this does not meet the legal obligation of the duty to consult, which the government must be engaged in. That is one thing. Second, this is not about first nations people or the opposition parties not wanting to move forward toward a solution for matrimonial real property on reserve.

As I said earlier, I think people were very encouraged. All members of this House were encouraged and first nations women were encouraged that there was a process under way toward a solution, toward true dialogue, consultation and creating measures that would meet the needs of first nations in Canada.

However, the government then decided to table legislation without informing the Native Women's Association of Canada or the Assembly of First Nations and its Women's Council, and it created legislation that did not reflect the initial dialogue. Nor did it decide to take the next step toward consultation before tabling the legislation. As a parliamentarian and a first nations woman, I find it really difficult to understand why the government took that step.

[Marc Lemay, Bloc, Abitibi—Témiscamingue, QC]

Mr. Speaker, I am going to pick up on what the Liberal member just said. I just want to clarify and take this a bit further. She spoke as a first nations woman and I have the utmost respect for her. However, she comes from the riding of Churchill, which—we can all agree—is relatively remote. There are glaring problems in those communities that I could talk about when it comes to Quebec as well: there are serious problems. The more remote the community, the more problems it might have.

What are the hon. member's expectations? What approach should we take in considering Bill C-47—an approach that would meet the wishes of the Assembly of First Nations Women's Council? Let us forget the matter of consultations for now, in terms of whether we should go back to everywhere. Since Bill C-47 will be referred to committee for more careful consideration, how should we approach it to truly understand the scope of the matter?

[Tina Keeper, Liberal, Churchill, MB]

Mr. Speaker, I think the member's question reflects the frustration of many people, not just in this House but within the first nations communities as well.

I would like to remind the member, though, about one of the things that I think happens in this process. For over 100 years, first nations people have had their lives and their rights trampled upon through a process of colonization. As for what is important about the duty to consult, I disagree with the member. We cannot underestimate the importance of the duty to consult.

What first nations people are saying to us over and over again is that they need to be part of the process and they need to be ensuring that our aboriginal treaty rights, as entrenched in the Constitution of this country, are respected. I do not even understand this concept of entrenching them in the Constitution if we are not going to respect them. The duty to consult is paramount in how we move forward.

In fact, we have had over 100 years of colonization and the imposition of policies and laws that have devastated our lives, most recently as Bill C-31, which I know the member is really aware of in terms of the implications. That is now going to the Supreme Court of Canada. The B.C. Supreme Court ruled in favour of the woman whose rights had been abused through the process of Bill C-31. This is going to have a huge impact in terms of status Indian roles in Canada.

This is really critical. This is what first nations women are saying in the dialogue sessions. They are not just saying that they have issues like severe housing issues. One of the primary issues, and I have to make this statement, is that they are concerned about their families. Through every system for first nations families, whether it is health, education or child welfare, they are not being provided money for prevention to ensure that their families stay together. And then we have the housing crisis.

Yes, all those day to day issues are issues that we have to hear about, but we need to hear from the women themselves.

[Larry Bagnell, Liberal, Yukon, YT]

Mr. Speaker, I thank the member for Churchill for what was once again a very passionate speech on a topic that is very important to her residents, particularly the aboriginal people in her riding. She always puts forth the issues very eloquently, with passionate support for them.

I have three questions. One is on the consultation. I do not quite understand what the issue is with consultation. The Assembly of First Nations and the Native Women's Association of Canada each received $2.7 million for consultations. There were numbers of meetings, as the minister said.

The second thing that perplexes me is that the government hired someone to put forward a plan. The person was very well respected. In his speech, the minister talked about how well respected this person was, and yet the person did not follow major elements of the proposal.

Last, there seems to be an improvement or at least an acknowledgement by the government on collective rights. In the human rights bill that we discussed for so long, the government had neglected that completely, but here at least it has made some accommodation for it in this bill. However, from the input by some native groups, it is not sufficient accommodation.

[Tina Keeper, Liberal, Churchill, MB]

Mr. Speaker, I appreciate the participation of the member for Yukon in the debate today, because he always ensures that he represents his riding in a very respectful way.

I would like to answer the question about the issue around the process. I will go back to the idea that there was a process in place, which was very encouraging. I have to wrap this up, so I will just say that I am really disappointed that we have not responded to or continued that process. I look forward to hearing from people at committee.

[Irene Mathyssen, NDP, London—Fanshawe, ON]

Mr. Speaker, the message from the official consultations on matrimonial real property was very clear. As the Native Women's Association stated:

There is nothing in the legislation that addresses the systemic issues of violence many women face that lead to the dissolution of marriages nor is there any money available for implementation. In the end, we end up with a more worthless piece of paper.

In June 2006, the House of Commons Standing Committee on the Status of Women heard from Bev Jacobs from the Native Women's Association. She stated:

...legislative and non-legislative policies are required to alleviate the underlying issues of poverty and violence against women and children.

The government fails to see the real solutions. It refuses to sign on to the United Nations Declaration on the Rights of Indigenous Peoples, even though this House endorsed the declaration and demanded the Government of Canada sign on.

The government has failed to address the systemic discrimination that first nations, Inuit and Métis women face, and it has so far failed to issue an official unqualified apology for the survivors of the residential schools.

Reconciliation cannot happen until there is an acknowledgement from the Government of Canada that first nations peoples suffered and continue to suffer from the legacy of those horrific actions, which, in the words of survivors, included being beaten for speaking their language, being torn away from their families, living in isolation from their communities and traditions, and, because of their vulnerability, they often were victims of sexual molestation. In the worst cases, children died in unexplained circumstances and were buried in unmarked graves.

I have spent a great deal of time as an MPP and an MP working with first nations communities. Most recently, my work has taken me to My Sister's Place in London which serves many first nations women. One sister from the Six Nations community told the story of the residential schools. They called it the “Mush Pit” because it was a place where children were literally destroyed. She talked about one disabled child, a child who could not walk and needed crutches but there were no crutches. The child was left unable to get around. One day a woman went to the woods nearby to find a stick for her friend so she could at least manage to get around the school but she was beaten for doing that. She was beaten for interfering. The child was left defenceless and finally was thrown into the cellar underneath the stairwell. She was down there for many days. She cried, wailed and pleaded to be let out but then she just disappeared. There was no real explanation about the disappearance and, clearly, no concern. A child had disappeared and her family was told that she had run away. A child who could not even walk had run away and no one seemed to be all that concerned.

That is the legacy we live with. For those children who did return home, they were strangers to their parents and to the customs and traditions that are the strength of first nations communities. No wonder there is still so much despair. To our great shame, we have done so little to make up for the sins and abuses of the past.

The government had the opportunity in the past two years to correct a great wrong but instead ignored the advice of the extensive consultations and did not consult on the actual legislation that we see before us today.

I would like to read from the Native Women's Association of Canada peoples' report entitled, “Reclaiming Our Way of Being: Matrimonial Real Property Solutions”. I would like to read from this report because it is important for the voices of first nations women to be heard in this House. I do hope that parliamentarians are listening to those voices. The report states:

Violence is the single most important issue facing Aboriginal women today. NWAC knows that violence against Aboriginal women can take many forms, including violence in the home, violence in relationships, and violence on the streets. Statistics Canada has reported that Aboriginal women are more than three times more likely to be the victim of spousal violence than other women in Canada.

The report goes on to state:

There are many stories about abuse on the reserve, women are stuck in homes of misery.

The experience of violence affects not only the woman and her children, but also her family and her community. One woman described this cycle:

“Generations to generations; I am a survivor of a mother that had to run away, all the way to the city of Toronto, take her five kids and move there for domestic violence as she was scared for her life. She was chased out of her house and out of her community and I see that”.

Violence against Aboriginal women is compounded by the lack of understanding and utter indifference from community members, service providers and society in general.

Another survivor said:

Even if we get something big, wonderful, all encompassing beautiful document that’s going to help us forever, how do you enforce it, especially in the isolated communities? Hey, you’ve got a gun at your head and there’s no police around you, what do you do? You take off and you leave. So I mean the enforcement to me has to be well thought out and we have to have the cooperation of the justice systems in this.

Another said:

When my marriage broke down I felt like I had no where to go and no one to guide me.

There should be some type of transitional houses on reserves… this would enable members to stay in their communities.

The report goes on to state:

Many participants talked about the lack of policing in First Nations communities. Women spoke of situations where they had asked law enforcement personnel for assistance, but were unable to get help.

Another survivor stated:

But the fact that we don’t have help, not only just with family law, but in a lot of areas on reserve, in reserve life there are no laws.

There is no authority right now, he can walk in and beat her up whenever he wants and that is how it is.

[The Acting Speaker, Conservative, Andrew Scheer]

I am sorry to cut off the hon. member but she will have 13 minutes left to finish her remarks after question period.

Now we will move on to statements by members. The hon. member for Peterborough.

The House resumed consideration of the motion that Bill C-47, 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.

[The Speaker, Liberal, Peter Milliken]

When this matter was last before the House, the hon. member for London—Fanshawe had the floor and there were 14 minutes remaining in the time allotted for her remarks. I therefore call upon the hon. member for London--Fanshawe.

[Irene Mathyssen, NDP, London—Fanshawe, ON]

Mr. Speaker, when I was speaking previously, I had made reference to the fact that many women on first nations reserves had talked about the lack of enforcement with regard to violence against women. Another woman involved in the consultations said:

Whatever occurred in that community we had to take care of it ourselves, there was no one to rescue us. I remember the frustrations I felt and had seeking help in when I was in a violent relationship and there was no one available… the police were an hour by flight, skidoo, boat, and there are no services in the community for women in crisis.

The report, “Reclaiming our Way of Being: Matrimonial Real Property Solutions” states:

Women who cannot remain in their homes because of violence need immediate help. Sometimes assistance may be available through their family and friends, but the provision of assistance through programs and service providers is essential to ensuring that women have access to the continuum of supports. Transition houses help women in two ways: they provide a temporary place to stay and the support workers can help women to make healthy choices about their next steps. Women who live in remote or isolated areas also need transition housing, but they told us that they are often unable to access these services because these services are not available in their communities; the cost of transportation to travel from their community to the service was too high; or because they were ineligible to use the services based on some eligibility criteria.

Women went on to say:

Certainly we need more services on reserve but for a woman who needs to make the choice for safety reasons; you know there needs to be services and supports elsewhere as well. So I don't think it should be an either/or. Options are great because you can meet your own particular need.

There must be options. The report states:

When there is no transition house located on the reserve, women who need these services have to decide whether to leave their community in order to access them. Some women told us that they could not leave the reserve, because this would disrupt their children's schooling, or because they would lose their access to other services if they moved off reserve.

Separation should be planned and not have to be emergency evacuation, and there is a need for protection of the right to leave or the right to stay. In order to secure a safe place for her children, one woman said that it was sometimes necessary for the male spouse to leave. It was important that she remain in her home.

The report further states:

Some participants suggested that transitional houses for men should also be developed. It would be less disruptive for the family if the woman and children can stay in the home, and the man can find temporary shelter elsewhere. Some elders spoke of traditional approaches that supported this idea.

Creating transitional houses for men would bring the added benefit of increasing their access to programs and support that usually are available at these sites which could help men to resolve the issues that led them to the transition house in the first place. This would benefit women and children by helping the matrimonial home to continue to be a place that was safe for them.

Respondents to the consultation were very clear. They said, “We know about the cycle of violence and all that. If we can help the children in this process, then I think that will help in the coming years, decades and generations”.

The housing shortage that exists on many reserves makes the issues associated with matrimonial real property even worse. There is not enough housing to accommodate marriage breakups. One respondent said, “I think the Department of Indian and Northern Affairs has fallen down in its responsibility”. The lack of housing can be one of the key reasons women stay in abusive and violent relationships. There is a need not just for more housing but also for subsidized and affordable housing for aboriginal women and children both on and off reserve. Another respondent said, “The issue is not enough housing in our community. It wasn't resolved in Bill C-31 and they need to address severe housing shortages in our communities”.

The report states:

Finally, women spoke about the need to develop tools that will help communities move their people along the healing path. Traditionally, First Nations people had a collective responsibility for the well being of the community. This responsibility included providing assistance to community members who require help to resolve conflicts, including those between partners.

One elder concluded:

We probably will go back to the way we used to do things, with Elders and community members rather than go to the court system.

…even though the legislative options are focused on matrimonial real property and the underlying issue is violence, there needs to be clear protection for women on reserve in terms of legislation, shelters, a community safety plan, which is broader than the legislation being proposed but this is important and because of the Indian Act and colonization there is disrespect for women, violence and women are being pushed out of their homes.

The report goes on to state:

Freedom from violence will allow Aboriginal communities to thrive, and will allow community members to reclaim their way....

The government had a golden opportunity to end generations of neglect and it failed. Enforcing legislation that ignored the specific wishes and advice of first nations communities, the message is clear: first nations' solutions are of no interest to the government.

The extensive and excellent work of Wendy Grant-John and the many first nations women and men who have lived in hope because of the proposed legislation was obviously for naught. Their needs and wishes have not been respected.

The report concludes by stating:

The connections of Aboriginal peoples to our lands and territories are sacred and historical. These are not just pieces of land, but our traditional territories. This issue of matrimonial property on reserve was not created by Aboriginal people. The issue of matrimonial real property on reserve is now a complex one to resolve; however, it should not be. There has been much discrimination in the past and it continues to this day. This discrimination has created detrimental impacts upon many generations of youth, women, men, families, and communities across this country.

When the Indian Act was amended in 1985 (Bill C-31), NWAC and the AFN made contributions prior to any amendments being made. There were many lessons learned from that process. One of them is that we do not want to be used as pawns to justify government processes. We will not get caught by divide and conquer tactics. NWAC believes that our communities need to resolve the impacts of colonization and to assist in building healthy communities. We know that our voices are critical to these efforts.

NWAC appreciated having at least a short time to consult with Aboriginal women and their children who felt the direct impacts of the MRP issue. This was considered the “bridging” point between the long fight for the recognition of Aboriginal women’s rights and issues arising out of the MRP cases. It was an opportunity for these participants to speak their truth and to have a voice.

However, there were very serious concerns raised by the participants regarding the short time frame for this consultation process. As noted in previous NWAC submissions, a full year would be needed to complete consultations. In this process, we were given three months. Many participants were skeptical of this process because they viewed it as government driven....

Fortunately, as I said, Wendy Grant-John did the impossible and produced a remarkable report in the voice of the men and women involved.

The report continues:

The participants in this process stated that they want their rightful place in society. ...women are re-establishing their feelings of pride and self-worth by speaking out about themselves and their communities. The voices of these women must be heeded.

The women who provided these solutions are daughters, sisters, mothers, grandmothers and granddaughters. They want the intergenerational cycle of abuse and marginalization to end. They want this to be a collective effort to bring the required change in their communities. The men we heard from are our sons, brothers, fathers, grandfathers and grandsons. They too wanted to see change that respects our ways of being and the women of their communities. Through the creation of a responsive and comprehensive MRP process, they want to heal and come together to reclaim their way of being now more than ever.

Those aspirations have not been achieved with Bill C-47. In the Standing Committee on the Status of Women, we heard the fear expressed by Bev Jacobs of the Native Women's Association of Canada and the women's committee of the AFN that the legislation governing matrimonial real property was already written long before the consultation, that it would be a situation where the responsibility would be sloughed off to the provinces.

The minister responsible insisted that it was not true and he was very clear about that. Unfortunately, the fears of the women of NWAC and the AFN were quite accurate. Ultimately, Bill C-47 was not written in consultation with first nations, despite all the promises. Their hopes were frustrated and their wishes were ignored.

We keep travelling down the same old paths, the same road that led to the school incidents where children were abused and to the situation in Parliament where the UN Declaration on the Rights of Indigenous Peoples can be ignored and set aside. We have travelled this road for far too long and we need to do better. The government has an obligation to do better. We all have an obligation to listen to the voices, to respect the needs of the communities and to act in accordance with an honourable kind of resolution.

[Tina Keeper, Liberal, Churchill, MB]

Mr. Speaker, the member made some very eloquent points.

She talked about a number of elements in terms of Canadian policy that have had a detrimental impact on first nations, women, children and the lives of families and how they have been very vocal through the dialogue sessions with the Native Women's Association of Canada and the Assembly of First Nations Women's Council. They have insisted that there needs to be a new direction and a new process in which they could participate in terms of determining and being part of the process to create legislation that would impact their lives.

One of the statements they made in one of the publications in response to this was that Europeans have a different view of the role of women. They do not respect women or their contributions to society in the way that aboriginal cultures did. Canadian society came from Europe and it was very patriarchal and this has had a damaging impact on the families because of Canadian policies coming from that view.

Could the member articulate a bit more about how she thinks we can do better?

[Irene Mathyssen, NDP, London—Fanshawe, ON]

Mr. Speaker, my hon. colleague is quite right. The kind of system that has been imposed on first nations people is alien. It is patriarchal and European.

In my interactions with first nations women, I know about the traditional role of women as leaders, as the advisors to the community and that women were always consulted and their wisdom and input was always respected.

It is very clear that in this process there has been a going back to the old ways that does not work between governments and first nations people.

The harms that I and other members in the House have talked about are very real. They continue and the things that we have done in the past haunt us, haunt the members of first nations in the present and, unless we change, they will haunt us in the future.

Wendy Grant-John did a remarkable job. She managed to consult and hear from many isolated communities. She went to places that very rarely are visited or considered by government. She did the impossible, as I said. However, at the end of the day, despite all of the promises of the minister responsible, the Native Women's Association of Canada and the Women's Council of the AFN were not consulted when it came to the writing of Bill C-47.

Quite simply, the government, I suppose one could say, threw in the towel. It would have been a challenge to ensure it followed through on its promises and I do not disregard the fact that it would have created challenges for the government, but it did not do its duty. It simply walked away and went back to the old way of doing things that did not work in the past, do not work now and will not work in the future.

[Rod Bruinooge, Conservative, Parliamentary Secretary to the Minister of Indian Affairs and Northern Development and Federal Interlocutor for Métis and Non-Status Indians]

Mr. Speaker, I want to thank the member and her party for their continuing support for our aboriginal agenda. Her party assisted us in ratifying the Indian residential schools settlement. Her party also assisted us in passing Bill C-30, the Nunavut land claims agreement, allowing our government and this Parliament to bring forward a number of important pieces of legislation and initiatives for aboriginal people. It also sounds like they will be supporting us again on this, which is appreciated.

She said that our government had walked away on this bill, had walked away from our obligations. Should we walk away when a person on reserve, a first nations mother, is being removed from her home because she has no access to matrimonial real property? Should we walk away and not do anything?

If we were to follow what she is suggesting, we would simply not let anything come forward and languish while we know that these situations are occurring throughout the country. What is she suggesting? Should we simply let these situations continue to go on for years to come?