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

[Harold Albrecht, Conservative, Kitchener—Conestoga, ON]

Mr. Speaker, I want to acknowledge the great work of my colleague in the NDP and her commitment to improving the lives of aboriginal people across Canada. I had the privilege of serving with her on that committee, and I do not second guess her commitment.

The member did mention, however, that some groups opposed the process or the bill itself. She said “people spoke up strongly against the bill”.

I point out that this same occurrence is true of many other bills, in fact, probably every bill that comes before committee. There will always be those, who in spite of overwhelming broad based support, will not necessarily support the specifics of the bill.

As it relates to Bill C-47, the fact is clear that there was extensive consultation and collaboration. There were 109 consultation sessions with aboriginal groups and 135 consultation days at 64 different locations across Canada. No, not every group or individual sees this as a perfect bill, but it is clearly a step in the right direction.

I have two questions.

First, how would my colleague define adequate consultation and how long would she be willing to extend this consultation process and continue to slow down the final implementation?

Second, will she reiterate her support today for Bill C-47 at second reading so it can go to committee, be studied, have possible amendments and finally be implemented in the interests of all aboriginal people?

[Jean Crowder, NDP, Nanaimo—Cowichan, BC]

Mr. Speaker, I am pleased to rise to speak to 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.

The NDP will be supporting this bill and getting it to committee. I hope that the committee will have an opportunity to study the bill extensively and to call witnesses who reflect some of the concerns that we are certainly hearing.

Much has been said already about the report from Wendy Grant-John that was presented in the spring. Sadly, there was no response from the government to this report. I want to quote from one particular section of this report because I think it lays a foundation for any further discussion. She states:

Matrimonial property law is intended to provide guidance in resolving conflicts between spouses concerning the disposition of property. Matrimonial real property issues affect the interests of men, women and children. Accordingly, First Nation citizens are concerned that any legislative and nonlegislative responses should promote social cohesiveness while also providing fair and equitable treatment of spouses. First Nation people do not wish to see federal legislation that again divides community members. They feel that this would occur if the federal government acts in a way that would reinforce old stereotypes e.g. that all First Nation governments are antagonistic to the protection of individual human rights or that matrimonial property is a “women’s” issue. It is important to understand that when people say matrimonial property is not a women’s issue they are not denying that there are particular impacts on First Nation women. Rather this means that it is an issue that affects the entire community and communities must determine solutions.

We heard the minister earlier speak about the fact that this was a consultative process and that we should really just all adopt the bill.

Contrary to what the minister was saying, we have actually had a number of people speaking up quite strongly around the bill. Wendy Grant-John is a well-respected first nations woman. She has extensive experience and put together an extensive report. However, this is where the crunch comes. A press release issued by the Native Women's Association of Canada, March 4, states:

'Consultative Partnership' a Sham

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...President Beverley Jacobs noted, “we have not experienced our relationship with the federal Department of Indian Affairs as being one of partnership or even consultation but rather it feels like another experience of colonialism”--

The Office of the National Chief of the Assembly of First Nations also spoke up about the process and stated:

While it was a positive and practical step forward to engage in dialogue with the Assembly of First Nations (AFN) and the Native Women's Association of Canada in the development of this legislation, the approach falls far short of First Nations' direction that the Crown should fully engage with First Nations in the developing policy and legislation that affects First Nations.

Furthermore, the fact that direction provided through this dialogue does not appear reflected in the tabled Bill, leaves us to conclude that the dialogue was of limited value in promoting and implementing a reconciliation approach regarding First Nations aboriginal and treaty rights and Crown sovereignty.

I believe that when we start on a process, ask people for their input, and then slam the door on them, that is a disrespectful process. Other members have spoken about the importance of having a bill that addresses matrimonial property. I quoted from Wendy Grant-John's report where is speaks about the fact that matrimonial property affects women and children disproportionately. However, it also affects men.

In fact, when meeting with a Six Nations representative, what he said to me was that in a first nations community, and I know this to be true, when there is a family breakup, it not only affects the man, the woman and the children who are involved in that relationship but it affects the aunts and the uncles, the grandmothers and the grandfathers, and the cousins, and it spreads throughout the community.

So, matrimonial property is a very important element that has to be considered in the context of the social impact it has on the entire community. However, I want to provide a bit of historical background, and again, this is from Wendy Grant-John's report. I will not go through the whole piece because it is a lengthy history, but she talks about the historical timelines that have led us to the place where men, women and children on reserve simply do not have a process that recognizes their cultural and social traditions. She states:

Prior to Colonization:

First Nations cultural norms, kinship systems and laws determine outcomes of marriage breakdown

Matriarchal kinship systems and egalitarian values were common

She goes into the colonial period where she talks about the notion of individual property rights and male domination in property and civil rights introduced by colonial governments, and efforts to assimilate first nations people, with the hopes of ultimately eliminating reserves altogether.

Then she goes through the lengthy history of denial of rights to men, women and children on reserves, whether it is the fact that women cannot vote at band councils or aboriginal people in Canada simply did not have the right to vote until the 1960s.

She goes through the whole history of the denial of rights and then addresses the 1985 Bill C-31, which attempted to reinstate women who had married non-aboriginal men. What a fiasco that bill has been, whether it was the fact that adequate resources were not put in place to address the impacts that bill would have on reserve, one of them being housing, or whether it was an illumination of status built into that bill, the second generation cutoff, which is continuing to play itself out, and nobody in the House has taken the time to address it.

I want to skip to the 1990s and bring it into the present day. Ms. Grant-John, in her report, outlines the following:

Several commissions of inquiry in Canada draw attention to the issue and the need for some action--

Eight UN human rights bodies express concern about the issue of matrimonial real property on reserves.

Litigation on lack of protection for matrimonial real property rights is launched by First Nation women organizations.

In 2003, the Senate Standing Committee issued its report--

In 2005, the House of Commons Aboriginal Affairs Committee issued a report--

In 2006, the House of Commons Standing Committee on the Status of Women takes up the issue--

Once again, we had lots of reports and no action.

In addition, I want to quote briefly from one of the United Nations bodies, the Convention on the Elimination of All Forms of Racial Discrimination. This is the report from March 2007. In that report, it again censures Canada. It talks about the fact that it regrets the lack of substantial progress made by the state in an effort to address residual discrimination against first nations women and makes a recommendation which states:

The Committee urges the State party to take the necessary measures to reach a legislative solution to effectively address the discriminatory effects of the Indian Act on the rights of Aboriginal women and children to marry, to choose one's spouse, to own property, and to inherit, in consultation with First Nations organizations and communities, including aboriginal women's organizations, without further delay.

One of the critical points, of course, is urging the government to adopt legislation but it also talks about the consultative piece.

In that same report, there are any number of human rights violations outlined, including the repeal of section 67 of the Human Rights Act. Of course, Bill C-21, which was before the House, went to committee. The committee amended it after hearing substantial testimony from first nations witnesses from coast to coast to coast. The committee listened very carefully to what was being presented and made some amendments. We are still waiting for the bill to come back to the House.

Again, it is another example of the government's complete disregard when it hears evidence that it does not like. It just disregards the evidence and decides to shelve the bill. We are still waiting for Bill C-21 to come back. In this particular CERD report, it also talks about resources. I will not read the whole thing but in part it states:

--the Committee remains concerned at the extent of the dramatic inequality in living standards still experienced by Aboriginal peoples. In this regard, the Committee, recognising the importance of the right of indigenous peoples to own, develop and control and use their lands, territories and resources in relation to their enjoyment of economic, social and cultural rights, regrets that in its report, the State party did not address the question of limitations imposed on the use by Aboriginal people of their land, as previously requested by the Committee. The Committee also notes that the State party has yet to fully implement the 1996 recommendations of the Royal Commission on Aboriginal Peoples--

Again, Canada is being censured in an international forum for its lack of progress on the living conditions on reserves.

Wendy Grant-John's report had made a number of specific recommendations. This piece of legislation before the House, Bill C-47, simply fails to address a number of the recommendations, whether it is on first nations jurisdictional rights, comparable rights and remedies, customary practices, alternative dispute resolution, the resources required to implement this bill or on the duty to consult.

It is well and good to talk about going out and consulting, but we have to do something with the information that we hear.

I just referenced the Royal Commission on Aboriginal Peoples report from 1996, and I want to refer to volume 3, Gathering Strength. This is an important context for the rights of first nations to self-government and to be treated on a nation to nation perspective. Property rights is an intrinsic part of the rights to self-determination.

In the RCAP report it says:

Acknowledging that it may be some time before full self-government and a new land tenure system for Aboriginal lands are in place, we recommended in Volume 2, Chapter 3 that, in the transition phase, Parliament pass an Aboriginal Nations Recognition and Governance Act to make explicit what is implicit in section 35 of the Constitution Act, 1982—namely, that Aboriginal nations constitute an order of government within the Canadian federation and can exercise law-making authority in areas they deem to be core areas of their jurisdiction. Such legislation would make resources available to proceed with rebuilding Aboriginal nations in anticipation of nation-to-nation negotiations for the full implementation of a new relationship.

It goes on to talk about the fact that the solution is obvious, and it is talking about the matrimonial matters for Indian persons living on reserve. It states:

Aboriginal communities should be able to legislate in this area. Federal and provincial governments should acknowledge the authority of Aboriginal governments to adopt laws with regard to the matrimonial home and to establish their family law regimes compatible with their cultures and traditions.

This is from the 1996 RCAP report, a document that the Assembly of First Nations in the past has reported on and has said that the past Liberal government and the current Conservative government have simply failed to move forward on the bulk of the recommendations. We see it again in the current piece of legislation before the House.

Others have made a number of recommendations as well in terms of what should be included in Bill C-47 and in reclaiming our way of being matrimonial real property solutions. It is an extensive and respectful report. It talked of elders, women and many communities from coast to coast. It outlines a number of issues, including violence against women and other transitional provisions. However, I want to read one quote from the report about the Native Women's Association of Canada. It said:

NWAC presented recommendations about non-legislative approaches and solutions that would assist women and their children following the end of a marital or common law relationship. While MRP is sometimes narrowly defined as relating only to the matrimonial home, the situation of individuals experiencing this issue brings in a wide variety of related issues. The individuals who attended our sessions spoke of membership, status, and the negative effects of Bill C-31 on individuals and communities. They talked about housing on reserves, including availability, safety, adequacy, repair, and overcrowding.

Earlier we heard the parliamentary secretary ask that if housing were fixed would everything be okay. Of course not. In my question for the member for Abitibi—Témiscamingue, I referenced the Auditor General's report on first nations child and family services program. In that report, under exhibit 4.1, she specifically talks about the fact that if we do not address the socio-economic conditions:

Many First Nations face difficult socio-economic conditions. Some communities are in crisis. According to First Nations, these conditions present different challenges for First Nations than for mainstream society, but are not taken into account in the child welfare system. There is also a need to address the underlying causes of child welfare cases.

I would argue that the same statement also applies when we talk about matrimonial real property. In Ms. Grant-John's report, in her summary of conclusions and recommendations, she also says that:

If First Nation governments are to be looked to, to provide rights and remedies comparable to those available under provincial and territorial laws, while taking into account the distinct nature of the land regime in First Nation communities, there must be a comparable scope of recognized jurisdiction, resources, capacity and institutional development. Otherwise First Nations would be placed in a catch-22 situation–they would be held to the same standard as provincial governments but not have the resources and capacity to achieve it

Without resources and capacity to achieve some of these things, it is simply an untenable situation and it is the same thing that we saw in the old Bill C-31 from 1985.

The UN Declaration on the Rights of Indigenous Peoples, in article 18, says:

Indigenous peoples have the right to participate in decision-making in matters which would affect their rights, through representatives chosen by themselves in accordance with their own procedures, as well as to maintain and develop their own indigenous decision-making institutions.

We have heard the minister say that there was a consultative process. Many of us would argue that it was not a consultative process. Recommendation 18 in Ms. Grant-John's report talks about the elements that need to be in place for a consultative process. She says:

The Department should develop, as soon as possible, specific policies and procedures relating to consultation in order to ensure that future consultation activities can identify and discharge any legal duty to consult while also fulfilling objectives of good governance and public policy...

Then she names six elements that need to be in place. I will not go over these six elements, but they include things such as timely manner, relevant information, an opportunity for first nations to express their concerns, listening to, analyzing and seriously considering the representations, ensuring proper analysis by the Department of Justice of section 35 issues, seriously considering proposals from mitigating any potential negative impact and establishing a protocol for the development of legislative proposals. Much of that is absent in this legislation.

There are other examples in North America. I will cite an example from the United States, where there is a recognition of customary law, of tribal law. This comes from the Harvard study on economic development. This piece was “Lessons Learned from the U.S. Experience”. In this summary it says:

Upon examination, we conclude that the resolution of real property disputes under tribal law and by tribal courts has tended to be more successful than dispute resolution under the alternative regime.

It goes on to say:

In essence, this lesson reiterates several of the observations above. Because they possess complete jurisdiction over all the real property likely to enter the divorce disputes—

Some of the rules are a bit different because they are talking about trust and non-trust property.

—and because they tend to be more knowledgeable of the laws that govern such property and the possibilities for its disposition, tribal forums applying tribal laws are able to make complete settlements that are also generally perceived as fair.

It goes on to talk about the fact and says:

While Native nations that lack rules and systems to govern the division of matrimonial real property can rely on various examples and models to develop this legal infrastructure, they nonetheless face a number of decisions about what will work best for their citizens. Limitations on tribes' financial and human capital also may slow the development of appropriate laws and dispute resolution mechanisms. Thus, decisionmaking about rules and systems takes time, and the time it takes is unpredictable—each Native nation will move at its own pace on these issues, according to its own processes, and subject to its own constraints.

These are examples where first nations have been able to develop laws that do respect the rights of men, women and children on the reserves, that take into account the customary traditions, that allow for mediation or alternative dispute resolution and that involves some of the community traditions. If nations in the United States can do this and come up with laws that respect those human rights, surely we could also look at implementing the same piece in Canada.

The NDP will support the legislation in getting it to committee. However, I expect that we will hear from groups from coast to coast to coast on their concerns around it. I am quite certain amendments will be proposed to address some of the shortcomings in the bill. I look forward to a healthy discussion. Hopefully, once the bill comes back from committee to the House, if it gets through that stage, the government will move forward on proposed amendments, unlike Bill C-21.

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

Mr. Speaker, I would like to thank my colleague for her question. My New Democratic colleague is absolutely correct. Yesterday I read the Auditor General's report on the situation of children in aboriginal communities, and it is a crisis situation. I will try to be polite: we are sitting on a volcano. If we want to assimilate the first nations, we simply have to continue taking children off the reserves and putting them up for adoption and the problem will be solved. But I do not think that is the solution.

My NDP colleague is absolutely correct in saying that this is one of the issues we will face in implementing Bill C-47. In my opinion, and I say this with all due respect, everything is closely linked. We will have to be ready. What impact will Bill C-47 have on communities?

Courts and judges will hand down decisions and will order that the store be sold and the profits split. However, if none of the surrounding issues are fixed—poverty, lack of water, violence, because there is violence in these communities—we will not be any further ahead. At least something will have been done. It is a small step but an important one. We need to make aboriginal children and women our priority.

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

Mr. Speaker, along with Bill C-21 the bill before us is probably one of the most important bills with respect to aboriginal affairs the government has introduced.

There was Bill C-30, which I believe was passed unanimously by the House. That bill fulfills and will fulfill, I hope, all conditions, including consultation, and will allow the first nations to go forward with their land claims.

However, today we will be focusing on Bill C-47. Allow me to take a moment to quote from an extremely important document that we received from the Native Women's Association of Canada. This document reports on the government's study of matrimonial rights. The title speaks for itself: Reclaiming our Way of Being: Matrimonial Real Property Solutions. This document was prepared by native women and I would like to begin by quoting a phrase that truly recognizes the problems:

The key is restoring equality and only then will Aboriginal women regain and occupy their rightful place as equal partners [all these words are important] in Aboriginal society—we used to be raised as equal to men but when the Indian Act came along, the Europeans said women are property of the men.

In my opinion, the debate surrounding Bill C-47, which is now before us, revolves around the following statement by a native woman found in this extremely important document entitled Reclaiming our Way of Being:

I want back the respect that my grandmothers and ancestors had—people listened to them; let’s put women back to their rightful place of respect.

The entire debate will revolve around Bill C-47. This excellent document looks at what led native women to look at their rights, in particular matrimonial real property rights. I would also like to refer to another document.

This all started when the Supreme Court had to rule on two extremely important cases: Derrickson v. Derrickson, and Paul v. Paul in 1986. The debate on matrimonial real property has been going on since 1986. We will try to make progress on this issue with Bill C-47, but in both decisions in 1986, the Supreme Court ruled that, since reserve lands fall under federal jurisdiction, as a result of subsection 91(24) and so forth, provincial legislation cannot apply to modify any individual interest in reserve land.

In plain words, women living on a first nations reserve are not equal to women living off reserve. It is not complicated. This is precisely what the ruling under the Indian Act states and is repeated in the document I was just reading.

Aboriginal women are submissive, they have to be submissive, and if Bill C-47 is adopted, a change in mentality will be necessary. I am not sure whether today, May 13, all aboriginal communities in Canada are aware of this Bill C-47 that we will be studying soon in committee.

In the Supreme Court rulings in Derrickson v. Derrickson and Paul v. Paul in 1986, the reason for the limited application of provincial and territorial legislation and the reason that the Indian Act was not mentioned in terms of matrimonial property, was that most of the first nations communities on reserve are denied protection and significant recourse. For example, the courts cannot invoke provincial and territorial legislation to issue an order for possession concerning a matrimonial home, to order the sale or sharing of a matrimonial home on the reserve to execute a compensation order, or to prohibit the sale or encumbrance of a matrimonial home.

That is precisely the problem. The problem Bill C-47 seeks to address is an extremely important problem that affects—we must be honest here in this House—90% of aboriginal women living on reserve. We have to listen carefully to these women. What do these aboriginal women have to say? The Bloc and I have a small problem. In fact, this could become a very big problem if we do not listen to aboriginal women.

In 2006, through the then-minister of Indian Affairs, who is now the Minister of Industry, the government said that it would consult aboriginal women. Wendy Grant-John, an extremely respectable woman, was appointed, and she travelled around, holding consultations and meeting with many aboriginal women before submitting her report. That is when things started to go wrong.

Earlier, my Liberal Party colleague from Winnipeg South Centre said something important. The government does not seem to have listened, and that is troubling. In her report, Ms. Grant-John made a number of recommendations. Here is what the Assembly of First Nations Women's Council says about the bill:

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.

That is one of the biggest problems. The government would be creating two classes of aboriginal women: those who live on reserve and those who live off reserve. Those who live off reserve—women in Montreal, Calgary or any Canadian city—have to go to civil courts. Superior courts can order violent spouses to get out and leave the house to the aboriginal woman and her children. In several cases that have gone before the Superior Court of Quebec, among others—I will focus on Quebec because that is where I am from—aboriginal women living off reserve have had these rights, while aboriginal women living on reserve have not.

I would like to give a quick example. Aboriginal women from Akwesasne, from Kahnawake, from Pikogan, or from Kitigan Zibi who live near large cities do not have the same rights as aboriginal women living in Maniwaki or in large cities like Montreal, or even in Amos over in Abitibi. That is a problem. Furthermore, this problem will get even worse if we do not do what must be done to resolve it.

The women who live in remote reserves have even fewer rights now, particularly in Kashechewan and Winneway. It is not guaranteed that they will have more rights after the passage of Bill C-47. Therein lies the debate, or at least part of the debate. One problem brought up by aboriginal women is the following:

During consultations...women asked that Matrimonial Real Property rights be developed from their own cultural values and traditions, not under provincial or federal rules they had no part in crafting.

This means that aboriginal women should be invited to the committee; we should listen to them explain how matrimonial real property rights can be developed, taking into account the cultural values and traditions of aboriginal women. I think that will be an interesting part of our work.

Aboriginal women also say that:

Rather than recognizing First Nations authority, the Bill constrains how First Nations rules are to be made in a complicated process yet offers no support for First Nations in doing this work. In the end, the Bill will impose a complex, bureaucratic system, with no support or consideration for implementation.

That is an important point that the committee will have to consider. Passing and implementing Bill C-47 should not create more problems for aboriginal women than the ones that already exist—and there are many. I repeat in this House, 90% of aboriginal women on reserves are affected by this bill that could be passed in this House.

Lastly, aboriginal women have this to say:

For Matrimonial Real Property Rights to be meaningful, women told us the government must ensure there is adequate safe and accessible housing.

Therein lies part of the problem. The government should have listened to aboriginal women. The government, too, can read this document in which aboriginal women say they want to reclaim their way of being, which is extremely important, and in which they make a whole series of recommendations to solve the problem of matrimonial real property.

If we want to implement a bill such as Bill C-47, a debate in committee will be important, but would we not do well to also address the problems affecting the first nations, problems pertaining to violence, justice and education in communities? All these issues are part of a whole. We cannot deal with the issue of matrimonial real property without looking at all aspects of the reality of aboriginal communities on reserve today.

I invite any members of this House who have not already done so to view the film by Richard Desjardins and Robert Monderie entitled The Invisible Nation, which concerns the status of aboriginal people. Members can rent the film or ask the National Film Board to send them a copy. Extreme poverty and lack of education in communities often lead to violence. Sadly, women and children are most often the ones who pay the price for this violence.

Bill C-47 concerns a basic issue that we need to look at. I have a particular case in mind, although I will not name the parties. When I was a lawyer, we wondered about this case. An aboriginal couple living on a reserve opened a gas station and convenience store on the reserve. The couple fought, and the woman had to leave. Nearly 10 years later, the gas station and convenience store are still in operation and bring in more than $1 million for the father of the woman's children.

There was an attempt to proceed to judgment, and a person can try, but judgments cannot be executed on reserve. This is precisely what Bill C-47 is trying to change. We really hope that happens.

There are some important points in this bill that we cannot ignore. One thing is sure: the government is finally tackling a glaring need, that is, respect for aboriginal women on reserves. But even more needs to be done. The bill must be adaptable to the needs of the first nations. It must be studied very carefully. In fact, certain mechanisms will allow first nations to develop and implement their own laws, and take action on matrimonial rights and interests, but this poses a problem. As I was saying, a drastic change in mentality is necessary, since a balance must be struck between the authority of the chief and councils on matters of matrimonial property.

With all due respect, I must say here today that the work needs to be done not only by the government or here in this House. Many first nations, quite a number really, must take charge of their own affairs. First nations councils must make important decisions in favour of aboriginal women and children in those communities. Anyone can say that women and men are equal, but in many aboriginal communities, still today, on May 13, 2008, this is simply not the case and is far from the reality. Thus, we hope this will change.

Clearly, the Bloc Québécois will vote in favour of referring this bill to committee for study. It is an important bill. There is work to be done. I will mention only a few points, since time is running out. To date, there has been a serious lack of information. What is the action plan? How will this bill be implemented? How will the government go about implementing this bill once it passes? What measures and resources can the government offer to implement this bill?

We have been told certain things, but I do not wish to go into the legal details of the consultations in general. At present, native women in Canada know that the bill is coming. But what will they do if a court orders the man to leave the home when there is no housing in the native community? Or, what will a native woman do if she decides to leave the home to the man because it is crowded and not appropriate for her and her four children, but there is no housing in the native community? She will find herself on the outside. That is currently one of the major problems.

I do not wish to speak again about Pikogan, but I can talk about Timiskaming and several other communities where we see native women leave the reserve with children because, quite often, they are abused. Often they are harassed. The chiefs should take charge of their communities and the band councils should accept that this bill will be implemented and that they should be prepared for its implementation. One of the problems is the lack of housing.

I see that I have less than one minute and so I will close with one remark. Once the bill has passed and if the present housing stock is not increased, it may be a futile exercise.

Nevertheless, one thing is certain: something has to be done. Is Bill C-47 what native women have been awaiting for over 30 years?

No matter, we will vote for this bill so that it is studied in committee. I hope that native women will make their voices heard at the committee and that they will be heard in their own communities.

[Jean Crowder, NDP, Nanaimo—Cowichan, BC]

Mr. Speaker, the member opposite made a very good speech regarding some of the critical points that are important for the House, and subsequently, if the bill gets to committee, for the committee to consider.

Yesterday in the House the Minister of Indian Affairs and Northern Development said that Bill C-30 was the product of a lengthy consultative and collaborative process involving key stakeholders. He went on to talk about the fact that Bill C-30 represents a tremendous collaborative effort between first nations and the federal government at achieving agreement on the design, composition and mandate of an independent specific claims tribunal.

The member talked about consultation in her speech, but I would ask her what she sees as the key differences between the process that happened with respect to Bill C-30 and the process that is currently under way with respect to Bill C-47.

The Native Women's Association of Canada, for example, has said that it does not consider this to be a full consultative process. Neither does Wendy Grant-John. She laid out in recommendation 18 a number of specific key points that need to be present in a consultative process.

I wonder if the member could address the differences.

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

Mr. Speaker, I listened carefully to my hon. colleague. To be certain that I understood her correctly, I even listened in English. Of course, I respect her party's position. I also listened closely to the minister earlier. I will come back to that when I rise to speak in a few minutes.

I have a question for my hon. Liberal colleague. There comes a time when we must start somewhere and I will come back to this later. I am wondering how we can integrate women's voices into our consultations, when everyone knows that most first nations are led by men and that the issue of matrimonial real property very often affects women.

Yes, problems exist in the communities—we will talk about them again—but I am trying to understand how to orient our work to ensure that Bill C-47 can go forward and help women. Indeed, we can all agree on this, this bill is about 90% intended for women. I would therefore like to know what direction our work should take. Does the hon. member have any ideas concerning how we should orient our work once the House decides to refer Bill C-47 to committee for study?

[Anita Neville, Liberal, Winnipeg South Centre, MB]

Mr. Speaker, I am pleased to have the opportunity to rise to speak to Bill C-47. It is an important bill, one that certainly deserves consideration. It is a bill that is a matter of human rights for women and children living on reserve. Members of my party are the party of the Charter of Human Rights and we support the measure to extend matrimonial real property rights to first nations.

While the opposition supports the intent of the bill, we do not support the flawed process taken by the federal government to introduce the legislation. We will support moving the bill to committee so we can hear from many concerned stakeholders, many of whom we have heard from already, and legal experts.

I want to emphasize, just picking up on the minister's remarks, that we do not view the representations at committee as consultations. We view them as part of a process of improving legislation that has been brought before the committee.

We were instrumental in making critical changes to Bill C-21 to ensure that aboriginal Canadians would have the time and capacity they needed to deal with the changes. We will continue to push the government to address human rights in all its manifestations, to address the needs of aboriginal Canadians, issues such as education, jobs, poverty and health.

I will take the liberty to go over a little of what the minister has spoken to already.

As we know and have heard, the 1986 Supreme Court of Canada ruled that when a conjugal relationship broke down on reserves, courts could not apply provincial, territorial family law because reserve lands fell under federal jurisdiction. We have also heard that, as a result, aboriginal women living on reserve have not enjoyed the same rights as women living off reserve. They are not entitled to an equal share of the matrimonial property at the time of marriage breakdown. Matrimonial real property refers to the house or the land that a couple lives on while they are married or in a common law relationship.

Since the 1986 Supreme Court ruling, the gap in the law has had serious consequences. When a marriage or relationship ends, the courts have no authority to protect the MRP interests of spouses living on reserves. As a result, spouses living on reserve cannot ask the court to grant an order of temporary or permanent possession of the home or to partition and sale of a home if it applies to enforce an order or preclude a spouse from selling or mortgaging the family home if it applies without the consent of another spouse.

We know approaches to addressing the legislative gap respecting MRP have been under consideration for some time, and the minister has outlined some of the reports and phases. In recent years we know that three parliamentary committees have recommended a legislative mechanism to resolve the issue, and we support one, but we support one brought in appropriately.

Yesterday, we debated Bill C-30, the specific land claims bill, legislation that was done in collaboration with the Assembly of First Nations, a bill that was a compromise, albeit a good first step. Now we are here today debating a bill that the government claims was done in consultation. It said that it worked in collaboration to bring forward a bill. An INAC website states:

The Crown’s consultation process was comprehensive. Indian and Northern Affairs Canada consulted with the provinces and territories and other interested organizations and communities not represented by either Assembly of First Nations or Native Women’s Association of Canada. The Assembly of First Nations or Native Women’s Association of Canada facilitated input from First Nation representatives from across the country. Representatives from the Department accompanied the Assembly of First Nations and Native Women’s Association of Canada at sessions they facilitated.

It is one thing to conduct consultations, but it is another to put forward a bill that does not reflect the outcomes from that consultation.

The government will work in collaboration with first nations when a bill is a voluntary measure, like the specific claims bill, and we applaud it for that, but it will close doors when it is a mandatory measure and it will impose policies on first nations people without taking their input into consideration.

Early reaction to the bill would lead one to believe that the government had the bill drafted even before the consultations took place. When some of us raised that at the time, we were told it was not so, but one cannot help but be skeptical.

On the same day the on reserve matrimonial real property legislation was introduced, it was denounced by the Native Women's Association of Canada, one of the organizations with which the government conducted its so-called consultations. It immediately came out to say that the consultative partnership the government had boasted about was a sham. How could legislation, which was worked on in consultation with affected native organizations, be called a sham?

The president of the Native Women's Association went on to say:

—we have not experienced our relationship with the federal Department of Indian Affairs as being one of partnership or even consultation but rather it feels like another experience of colonialism, or at best piecemeal, individually based solutions that will not result in real equality for the women we represent.

The Conservatives appear simply not to get it. They have not learned from their mistakes in their introduction of Bill C-21. They continue to show disrespect. They continue to act unilaterally. They continue to be paternalistic. Even the national chief of the Assembly of First Nations expressed regret in the government's process. He said:

—the fact that direction provided through this dialogue does not appear reflected in the tabled Bill, leaves us to conclude that the dialogue was of limited value in promoting and implementing a reconciliation approach regarding First Nations aboriginal and treaty rights and Crown sovereignty....the federal government had many, many opportunities to address these matters properly and effectively.

Both these two organizations have major concerns about the bill. The Assembly of First Nations has, in a letter to the minister, even commented that the bill may not survive a constitutional challenge.

Yesterday, I had the opportunity to speak to Ellen Gabriel, president of Quebec Native Women's Association. It too has concerns with the legislation, concerns surrounding consultation, among many others, which I will address a little later on.

When the government first set out on its process to study matrimonial real property, we on this side of the House were optimistic. It seemed like the former minister had set out a process in a positive direction.

In June 2006 the Indian and Northern Affairs minister at the time, as we heard, appointed Wendy Grant-John as the ministerial representative to facilitate a consultation piece on matrimonial real property.

Ms. Grant-John is a most distinguished, respected aboriginal leader in her community. We have heard that she served three times as chief of the Musqueam First Nation, and was the first women elected regional vice-chief to the Assembly of First Nations. She had previously worked at Indian and Northern Affairs as a regional director general. She has had an honourary doctorate, and her list of accomplishments go on.

The report by Ms. Grant-John on matrimonial real property issues describes the result of a three phase consultation process, which we heard about from the minister. The primary objective of this process was to provide a recommendation to the minister regarding a viable legislative option to address matrimonial real property on reserves. The process was to comply with the Haida case.

No one expected all applicable parties would agree on everything. It was expected compromises would be made and if there was not a consensus, it would be the representative's mandate to make recommendations, informed by the discussions of the applicable parties. Fourteen key themes came from the discussions, and I will not go through them because I am watching the clock.

As I said earlier, we support the intent of the bill, but we do not support the process taken by the government in its introduction of the bill. We need to get it done right, and that is what I hope the committee will do. The bill does not reflect the ministerial representative's report. It does not reflect the will of aboriginal women. It is a flawed legislation and something that cannot be taken lightly.

The government introduced the legislation, in spite of recommendations of all aboriginal groups. Many problems have been addressed by aboriginal groups and by aboriginal women.

Some problems with the bill include, as indicated by the Native Women's Association: a complete lack of information about the implementation plans and measures that are in the proposed legislation, including timeframes, resources for measures specified in the bill and resources for first nations to implement the legislation; and a lack of information regarding the provision of resources to first nations to enable them to develop their own laws for MRP and to develop capacity to implement either Bill C-47 or their own laws.

Bill C-47 would provide a widowed spouse with only 180 days to remain in a family home following the death of her partner, a time too short. The lack of adequate and appropriate housing in many first nations communities means that the measures contained in Bill C-47 will not assist women and children to obtain alternative housing in the community following the breakdown of a marriage or a relationship. This will continue the status quo, which is many women and children must leave their first nations community following relationship breakdown to find housing and therefore lose access to their family, social networks, culture, language and the services provided on reserve.

The legislation refers individuals to court processes and will likely result in court cases to clarify ambiguous measures. This places remedies contained in the bill out of reach of aboriginal women who cannot access the legal system due to lack of information, poverty or geographic isolation.

NWAC's position is that properly addressing MRP requires both legislative and non-legislative solutions. Non-legislative measures are needed, NWAC suggests, to address the issues and underlie any legislative solutions such as housing, poverty, governance, access to justice and violence, the issues about which we all know.

Like the others, the Quebec Native Women Inc. also expressed concern with the serious housing shortage on reserve. Will there be measures to find housing on reserve for the person against whom an emergency protection order has been made? We know aboriginal women are at greater risk to become the victims of domestic violence. In situations such as these, the frustration can lead to even more violence.

The Quebec Native Women Inc. have also raised the fact that Quebec is a province that applies both the civil code as well as common law. The legislation does not reflect this and therefore does not reflect the interest of native women in Quebec.

As mentioned earlier, the AFN has said that the proposed legislation may well be deemed unconstitutional. It stated:

This is largely because of issues relating to the rejection of delegated power, the lack of capacity for First Nations to effectively use the limited law-making authority and the lack of access by individuals to the provincial court system.

AFN believes there is a need for a “broad and comprehensive approach”. It said:

Such an approach would deal with important related matters concerning land management, dispute resolution capacity, housing, child welfare, shelters, policing membership...and would be based on the implementation of section 35, Constitution Act, 1982 compliance measures.

This is not the first time the government has head these views proposed. It just simply has not listened.

In a letter to the minister, the national chief also pointed out:

The shared view among First Nations across the country was that certain principles should guide the search for solutions and the standard upon which the proposed solutions should be evaluated:

strengthening First Nations families and communities;

fairness

respect for traditional values;

protection of Aboriginal and Treaty Rights;

no abrogation or derogation of First Nations collective rights;

protection and preservation of First Nations lands for future generations;

recognition and implementation of First Nations jurisdiction; and

community basis solutions.

This approach falls short on all of these points. They were simply bypassed by the government.

This bill also will force first nations women to seek remedies in the court. This is neither timely nor financially viable for many first nations women in remote communities, as expressed by the Assembly of First Nations Women's Council.

Time after time we have heard aboriginal women's groups call for real investments in adequate safe and accessible housing on reserves. Still the government continues to ignore the will of first nations women. How can the government claim that it stands for the rights of these first nations women if it does not listen?

As mentioned earlier, in reading the ministerial representative's executive summary, many of the same issues were raised. First nations people expect the federal Crown to fully respect its fiduciary duties in respect to first nations land, treaty and aboriginal rights. In the discussions held, there was a very strong preference for recognition of first nations jurisdiction to fill the legislative gap identified, a minimal role for federal legislation and a virtual universal opposition to the introduction of provincial laws, by incorporating them in a federal law, to deal with this issue. Participants in both AFN and NWAC discussions have said that first nations people want to see matrimonial real property that incorporates first nations views of land and family.

There are so many points to touch on, but quite simply, the government has not listened to the first nations women, yet at the same time the government says it stands up for their rights. Why does the government think it knows best for aboriginal people, particularly aboriginal women?

The Liberal opposition believes matrimonial property rights should be extended to first nations communities, particularly to protect the interests of first nations women and children, but understand it has implications for the whole community. We understand that these rights should not be imposed.

When consultations take place, we know they should not be ignored. We also know there should not always be consensus, but we also know what it means to work in collaboration. After all, for 18 months the previous Liberal government worked with aboriginal people to bring forward the Kelowna accord, something that would address many of the issues that first nations, Inuit and Métis people face today. Notably, it would have addressed the issues related to housing. It offered hope, but hope was taken away when the government needlessly scrapped the accord.

Now the government professes to champion aboriginal issues. With actions taken with legislation like Bill C-21 and now Bill C-47, and little or no investment in three budgets, and with conditions in first nations communities worse today than they were a year ago, it is no surprise that we are about to see a second day of action.

I want to reiterate the position of my party. We want this legislation to go to committee. We believe that addressing the matter of matrimonial real property rights is important. We believe it is particularly important to do it in real collaboration, in real consultation with aboriginal women's groups, to listen to them, to hear their concerns, to incorporate their concerns into the legislation, not to tell them that we know what is best for them.

We want this legislation to go to committee. We want to hear from the experts. We want to hear from the stakeholders. We will take the opportunity to make this a better piece of legislation.

[Chuck Strahl, Conservative, Chilliwack—Fraser Canyon, BC]

Mr. Speaker, I think the member is talking about two different issues. I realize they both may end up in the courts one way or another, but the effort in Bill C-47 is to extend some sort of a federal framework because of the Supreme Court rulings on the application of provincial MRP laws. They just do not apply on reserve lands. What we are trying to do with Bill C-47 is to extend some sort of a federal framework so that, and it is not just first nations women, but primarily first nations women will have the protection that others take for granted in a provincial court system.

Right now the unfortunate reality is if there is a marriage breakdown, or if there is violence against a spouse, frequently or mostly against women, someone needs to intervene to get a restriction, a court order or some sort of legal means to keep the house in the possession of the woman who is raising the kids and needs the protection of the matrimonial home to that. A restraining order or a way to restrict the individual from getting close to the woman is needed and we do not have the tools to do it.

This bill is for the protection of women, for the development of individual MRP laws on each reserve over time, but a law of general application in the meantime that would allow us to have a provision which says we have to look after those interests. Although some homes are owned by the band office, for example, they might be owned collectively, social housing perhaps, many other homes are built by and owned by individual first nations people. The trouble is if there is a marriage breakdown, no laws apply. The guy with the biggest, broadest shoulders wins the argument and that is not fair for first nations women.

This bill will not solve all problems and it does not address the Bill C-31 issues, but it does attempt to fill the gap that otherwise will continue until we do fill it. The system is quite hit and miss across the country. There are some good examples of good leadership on reserve under the First Nations Land Management Act, and there are examples of many first nations which have introduced their own MRP laws, but it is too hit and miss. It does not capture the rest of aboriginal women who deserve the same protection as others.

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

Mr. Speaker, I listened very carefully to the minister's speech, and in a few minutes, I will have an opportunity to reply to him with the Bloc Québécois' position.

I would like the minister to comment on one thing. Aboriginal women are very concerned about this bill. I believe that my Liberal Party colleague will also talk about this in her speech in a moment. One thing women have been wondering about is how Bill C-47 differs from Bill C-31. Aboriginal women got the short end of the stick, as they put it, with Bill C-31, which was passed and gave back some rights and other things. How is Bill C-47, which the minister is asking the House to adopt, any different? How will it apply on reserves? Of course, I will have a chance to talk more about this later.

[Chuck Strahl, Conservative, Minister of Indian Affairs and Northern Development and Federal Interlocutor for Métis and Non-Status Indians]

moved 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.

Mr. Speaker, I thank members of the House for passing Bill C-30. It is one of those moments in a minority Parliament where we see a bill go through. I think Canadians will be pleased as well as first nations that have worked hard on the bill. It is the right thing to do at the right time, for the right reasons, and it is a delight to see it pass through the House. We hope the Senate will deal with it speedily.

I am also pleased to rise today to speak to Bill C-47, the family homes on reserves and matrimonial interests or rights act, which is a long title. I encourage my hon. colleagues to join me in supporting this important legislation as well, as it offers a practical, balanced and effective solution to a complex issue that we believe needs to be corrected.

I am pleased to be here today to speak to Bill C-47, An Act respecting family homes situated on First Nation reserves and matrimonial interests or rights. I encourage my hon. colleagues to join me in supporting this bill as it offers a practical, balanced and effective solution to a complex issue.

In recent years on reserve matrimonial real property has been the focus of much study, consultation and discussion. Members of first nations and national aboriginal organizations, along with experts in law, women's issues, human rights, governance and other fields, have offered a variety of insights into relevant issues and commented on potential solutions. While nearly all expert opinion concludes that legislation is needed to rectify the problems associated with matrimonial real property, different viewpoints have been expressed on how the legislation should be structured.

There is no question, however, that the legislative vacuum represented by on reserve matrimonial real property, continues to affect many lives. Clearly, the time has come to put a stop to some of the injustices that are occurring day by day.

To appreciate the proposed legislation and the value of the solution it stands to bring requires a thorough understanding of the issues related to matrimonial real property, or MRP, on reserves.

While some members of the House possess such an understanding, particularly my colleague, the Minister of Industry, as well as members of the Standing Committees on Aboriginal Affairs and Northern Development and the Status of Women who contributed to committee reports on the issue, I will to take this opportunity to provide some additional context.

Matrimonial real property is a term for a relatively simple legal concept. It refers to the fixed assets owned by one or both spouses and used for family purposes. For most Canadians, MRP includes a house and the property on which it sits.

When spouses separate or divorce, the division of MRP is often contentious, but legally straightforward. Under our Constitution, property rights fall under provincial jurisdiction. Laws exist in each province and territory to protect the matrimonial real property interests of married and, in some cases, common law spouses. This means that should a marriage break down one spouse cannot sell the family home without the consent of the other spouse. The laws also empower judges to remedy spousal disputes involving MRP. For instance, a judge can order an abusive spouse to move out of the family home.

Individuals who live in first nations communities, however, do not enjoy access to these legal remedies. The Indian Act limits the scope of provincial laws on reserve lands. The Supreme Court of Canada has determined that provincial laws cannot alter any interest in MRP located on reserve lands. The Supreme Court ruled that since reserve lands fell outside provincial jurisdiction, only federal law could resolve this issue. However, the fact is there is no federal law on MRP on reserves. This gap means that spouses living on reserves have no legal protection for their MRP interests.

As a result, judges cannot deal with the real property of spouses on reserves. Even in the most extreme cases, those involving spousal abuse or physical violence, no court can order a change in possession of an on reserve family home. Furthermore, the courts cannot prevent a spouse from selling or mortgaging the family home without the consent of the other spouse, regardless of the severe repercussions these actions might have.

Closing the MRP legislative gap has proven to be a challenge. Not all off reserve MRP remedies can be replicated on reserves because of the collective nature of reserve lands, our Constitution, the varied land holding systems and housing allocations and the inability of non-members to possess reserve lands.

The House endorsed a partial solution nearly a decade ago when it passed the First Nations Land Management Act. The act provides first nations with a mechanism to opt out of the land management provisions of the Indian Act and develop laws governing, among other things, MRP. The House has also approved self-government legislation that addresses matrimonial interests or rights on reserves. However, despite these actions, a strong majority of residents of first nations communities remain without protection.

In an effort to identify an effective solution, several studies, research projects, information sessions and consultations were undertaken. I draw the attention of the House to three reports that have provided significant insight into this issue.

The Standing Senate Committee on Human Rights investigated relevant legal aspects and tabled an interim report, “A Hard Bed to Lie In: Matrimonial Real Property on Reserve”, in 2003.

Two years later, the Standing Committee on Aboriginal Affairs and Northern Development published its report, “Walking Arm in Arm to Resolve the Issue of On Reserve MRP”.

In 2006 the Standing Committee on the Status of Women reviewed the issue and presented its report, recommending a process and timetable to move the resolution forward. In addition, officials with my department have held dozens of information and consultation sessions with first nation communities and national aboriginal organizations in recent years. Although a mutually acceptable solution has not emerged from these efforts, they have helped to generate the collective will needed to design and implement an effective legislative solution.

Shortly after taking office, our Conservative government launched a new initiative to identify a solution. To direct this effort, a ministerial representative was appointed, Ms. Wendy Grant-John, to facilitate and oversee the consultation process and to ensure that a viable legislative solution was proposed.

During her noteworthy career, Ms. Grant-John has served as chief of the Musqueam First Nation, regional vice-chief of the Assembly of First Nations and associate regional director-general of my department's British Columbia office. She is also a mother, a grandmother, an entrepreneur and former director of Four Corners Bank.

Ms. Grant-John spent many months facilitating consultations with aboriginal groups on the MRP issue. The consultation process included three phases: planning, consultation and consensus building. The government provided funds to the Native Women's Association of Canada and the Assembly of First Nations to work collaboratively with Indian and Northern Affairs Canada in carrying out the consultation process.

From September 2006 to January 2007, consultations were held across Canada with aboriginal organizations and communities and provincial and territorial governments. There were 109 consultative sessions with aboriginal groups, providing a total of 135 consultation days at 64 different locations across Canada. In addition, 12 consultation sessions were held with provincial and territorial governments.

An intensive consensus building phase was held in February 2007 among Indian and Northern Affairs Canada, the Native Women's Association of Canada, the Assembly of First Nations and the ministerial representative.

In March 2007 Ms. Grant-John released her final report, which was tabled in the House in April of last year. Her final report offered a number of recommendations for a legislative solution.

Bill C-47 responds to the majority of these recommendations, including: first, providing basic protections for individual residents on reserve during and after the breakdown of a conjugal relationship; second, balancing individual rights and the collective rights of first nations communities; and third, establishing a mechanism for first nations to develop their own MRP laws.

The legislation now before us was informed by the solid foundation built through these consultations and the reports I mentioned earlier. There were the consensus building phase, the report from the ministerial representative and the sharing of the draft legislative proposal with the Assembly of First Nations, the Native Women's Association of Canada and others.

Bill C-47 strives to achieve two goals: first, to establish an immediate federal regime to protect matrimonial interests that would apply to first nations without laws in this area; and second, to provide first nations with a mechanism to opt out of this regime by developing and adopting MRP laws of their own. These goals would satisfy two of the requirements identified most frequently during consultations.

I encourage my hon. colleagues to keep these goals in mind as they study the legislation and to recognize what Bill C-47 would accomplish and the balanced solution it would represent.

Under Bill C-47, spouses and common law partners living on reserves would be able to access a range of MRP rights and remedies similar to those available off reserve. At the same time, Bill C-47 would also provide protection concerning the collective interest of first nations. For example, non-members would be unable to use the provisions of the legislation to ever gain ownership of reserve lands. That is very important. Furthermore, first nations may make representations to the courts about the cultural, social and legal context relevant to many orders available under the legislation.

The bill also responds to an important concern commonly expressed during consultations, and that is ensuring that members of first nations have direct input into MRP law-making decisions taken by chiefs and councils. Bill C-47 would provide for a ratification process. In essence, for a first nations MRP regime to pass into law, it must first earn the support of a majority of eligible voters. This provision would promote accountability and encourage community members to play an active role in the development of laws, which are two crucial components of a strong democracy.

To support the proposed legislation, the government plans to provide first nation individuals, organizations and governments, as well as law enforcement officials, access to information about rights and remedies available on reserves to address matrimonial interests or rights and services and tools for responding to individual or community needs.

As my hon. colleagues know well, laws are much more likely to succeed when drafted with the input of the people who would be affected by them. Engaging first nation members in law-making discussions would also achieve another key goal, aligning MRP laws with community values and traditions. This was another concern expressed repeatedly during consultations.

Two other ideas often heard during the consultative process are also reflected in Bill C-47.

Many of the people consulted wanted legislation that would provide an immediate and effective solution. The majority said that they would reject a law that enabled the application of provincial laws related to MRP. This was echoed by both the Assembly of First Nations and the Native Women's Association of Canada.

Bill C-47 will satisfy these concerns by instituting an effective federal regime, one informed by but distinct from legislation in place in the provinces and territories. At the same time, this federal regime will be an interim solution until such time as a first nation develops its own MRP law.

Drafts of the legislation were the focus of further discussions with aboriginal groups and officials from the provinces and territories. The results are now before this House in the form of Bill C-47.

I have no doubt that a further analysis of the issues surrounding on-reserve matrimonial real property will lead to one inescapable conclusion: the time has come to enact the practical, balanced and effective solution articulated in Bill C-47. I urge my hon. colleagues to lend their support to this legislation.

I have no doubt that a thorough analysis of the issues surrounding on reserve MRP will lead to an inescapable conclusion. The time has come to enact the worthy balance and effective solution articulated in Bill C-47. I urge my hon. colleagues to lend their support to this legislation.

If I could also take a moment to thank Ms. Wendy Grant-John and the many other people who, in the 109 consultative meetings, contributed their expertise to make this bill as good as it could be.

There will be accusations that the bill is not perfect; any bill that comes before the House will get that accusation. I do believe it is another one of those bills that deals with something that has been a gap in legislation for far too long. This is something that affects primarily women on reserve that may lose the matrimonial home in the case of an unfortunate marital breakup. Right now there is no solution for them. This legislation reflects the desire to help those people. It is time to do that. It also allows first nations to develop their own distinct MRP laws as they apply to the reserve. That is important because it reflects the constitutional reality in which we also live.

It is a balancing act, as I mentioned. It is a unique situation. Most Canadians would not realize that this gap in legislation means that many people, primarily women, do not have the protection that people take for granted every day off reserve.

I hope that we will have a good discussion and debate on this. I look forward to the support of hon. colleagues in this House.

Specific Claims Tribunal Act

[Rod Bruinooge, Conservative, Winnipeg South, MB]

Mr. Speaker, the member for Timmins—James Bay put forward a proposal, or at least a suggestion, that perhaps I would like to continue working past six. Should he and his party and the other parties decide to set aside the debate, we could proceed to Bill C-47. I would be happy to continue working right through the night. Would he be interested in doing that?

[Yvon Lévesque, Bloc, Abitibi—Baie-James—Nunavik—Eeyou, QC]

Mr. Speaker, as a member of the Bloc Québécois, I joined my colleagues in voting in favour of consideration of this bill for which, as usual, this government did not consult first nations, despite the many reminders it was given during consideration of Bill C-44.

We also had some concerns about some of the consequences to the first nations communities in Quebec and to certain municipalities, not to mention our concerns about the flexibility of the Government of Quebec's involvement.

The lack of consultation caused some disagreement about the procedure and some of the claims that could otherwise have easily been settled in respectful meetings with the nations.

Establishing a specific claims tribunal that makes binding decisions is a progressive step compared to the usual legal games the first nations have been subjected to so far. However, improvements could have been made to how quickly the claims are processed. It will be a shame to have to come back to this in a few years in order to complete this exercise, which requires a lot of energy, time and money from the taxpayers and from the first nations, when there are other matters to deal with.

The current 784 claims could be processed more quickly and a number of others might be added to the ongoing process, even though the Indian Claims Commission itself has not accepted any new claims since the end of 2007.

Of course there has been consultation, but only after much insistence. Furthermore, it is important to note that a number of communities were not consulted because there was not enough time. There has never been enough time to resolve first nations issues.

The most worrisome thing in all this is the possible accumulation of small agreements here and there into increasingly complex legislation. That is caused by this patchwork approach that has no continuity and will only serve as an excuse not to sign the UN Declaration on the Rights of Indigenous People that has been signed by 144 countries.

A number of world leaders are putting Canada in the hot seat and in an embarrassing position on the international stage, which shocks us as representatives of the Quebec nation in particular, to be associated with this country that we do not identify with at all when it comes to its culture, its economic vision or its recognition of individual and collective rights and freedoms.

Despite the repeated calls for consultation that have been made to this government as Bills C-44, C-21, C-30, C-47 and C-34 have been tabled, the government has remained indifferent to what the vast majority of United Nations member states want.

It is truly shameful to see this government in the very small minority that is opposed to this declaration, and it is even more shameful to see members of the governing party from Quebec who lack the courage to go against such a vision.

Hon. members will certainly understand why Quebec is in such a hurry to join the community of nations and why the various communities distrust this government's interference in the legal system.

That is why the chief of the AFN reacted so strongly to the speech the Minister of Indian Affairs and Northern Development gave at the United Nations. I want to quote the various statements the minister made at the United Nations. In a press release, the Minister of Indian Affairs said:

The Government of Canada continues to address a number of key areas for First Nations, Métis, and Inuit peoples, including fundamental human rights through Bill C-2... For 30 years, section 67 of the Canadian Human Rights Act has exempted First Nations communities governed by the Indian Act from human rights protection. We believe this has gone on too long—

I would like to digress a moment and remind this House that Bill C-44, which sought to repeal section 67 of the Canadian Human Rights Act, was vehemently denounced by all the first nations, as well as by the AFN women's council. The first nations were not prepared to welcome a law or be excluded from the Indian Act when they did not have the means to enforce the Human Rights Act, with all the duties it imposes on the various communities.

Canada has long demonstrated its commitment to also actively advancing indigenous rights abroad. But that is not what happened at the United Nations. The minister also highlighted a number of areas where the Government of Canada is making substantial progress: education; resolving specific claims; safe drinking water; protection for women and children; and matrimonial property rights on-reserves

In addition, the minister talked about the important step in the Government of Canada's commitment to the Indian residential school settlement agreement, with the naming of Justice Harry LaForme as the chair of the truth and reconciliation commission. This may be the only good thing this government has done to date. The minister said this:

“Canada remains committed as ever to deliver real results for our Aboriginal population...We believe in moving forward for all Canadians with results that are not simply aspirations or non-binding.”

In response, the national chief of the Assembly of First Nations, Phil Fontaine, had this to say:

The Conservative government’s sustained opposition to the UN Declaration on the Rights of Indigenous Peoples has tarnished Canada’s international reputation and branded Canada as unreliable and uncooperative in international human rights processes. It is clear that the Conservative government’s domestic political agenda is taking precedence over the promotion and protection of human rights for Indigenous peoples in Canada and worldwide. The federal government’s stance is a particularly regressive and limiting basis upon which to advance fruitful Indigenous-state relations in Canada and abroad. It seems that this government has been unwavering in their resolve for a weak Declaration and weak human-rights standards in Canada despite their rhetoric to the contrary.

The Conservative government’s opinion regarding the UN declaration is contrary to widespread legal expert opinion. In an open letter issued yesterday, more than 100 legal scholars and experts noted that there was no sound legal reason that would prevent Canada from supporting the UN declaration. The same conclusion was drawn by human rights and legal experts, ... and experts within the UN system have echoed the same opinion. As a result, Canada is becoming increasingly isolated on the international stage for adhering to an unsubstantiated position against the declaration and for using their position on the Human Rights Council to achieve their own political goals in Canada. Canada cannot cherry pick which international human rights instruments they will choose to respect. These short sighted decisions have serious long term implications for Canada's international standing on human rights.

Moreover, the Conservative government's decisions have failed to address fundamental fiscal inequities in education, housing, health and other social and economic conditions that are the source of the poverty in first nations communities, despite this government’s claims “about getting the job done”. The National Day of Action on May 29 will draw national and international attention on the shortcomings of the federal government to make meaningful investments or address the serious quality of life issues our communities and people face. Such important policy decisions must be made in consultation and with the consent of first nations.

The UN Declaration is a foundational document that sets out “the minimum standards for the survival, dignity and well-being of Indigenous peoples” (Article 43). With an overwhelming majority of 144 states and only 11 abstentions, the UN General Assembly adopted on September 13, 2007 a Declaration which upholds the human, political, spiritual, land and resources rights of the world's Indigenous people. Only Canada, New Zealand, Australia and the United States voted against the Declaration. Australia has since reversed its decision and has declared its support of this unique human rights instrument to advance Indigenous rights in Australia and abroad.

That is what the first nations national chief thinks of our minister's statement at the United Nations.

Immediately after that, Chief Conrad Polson, from Timiskaming, submitted a text to the United Nations Permanent Forum on Indigenous Issues. A press release from the Assembly of First Nations of Quebec and Labrador explained:

Speaking on behalf of the chiefs of the Assembly of First Nations of Quebec and Labrador (AFNQL), he delivered a message about the precarious funding conditions of First Nations education in Canada.

Year after year, the Canadian government continues to close its eyes on the recommendations of more than 35 years of studies, consultations and various working groups, most of which it has contributed to. In refusing to consider these recommendations, the Canadian government keeps First Nations institutions in a highly precarious position.

Our schools and post-secondary establishments are underfunded. A number of our students cannot undertake their post-secondary studies because of a lack of finance.

This is why, on behalf of the Chiefs of the Assembly of First Nations of Quebec and Labrador, I regard it as my duty to denounce this situation loudly and clearly, stated Chief Polson.

“It was important for us to call on the United Nations so that all can be done to put an end to this situation. We must ensure that the wrongs we have suffered do not worsen so we reach the point of no return,” declared Ghislain Picard.

As stated in a press release issued in New York on May 2 and distributed by CNW, at the end of the seventh session of the United Nations Permanent Forum on Indigenous Issues, Mr. Picard declared that Canada had lost all credibility. He attended the session with an important delegation that spoke. At the meetings, they were “able to give a clear picture of first nations' situation in Canada. Today, the Canadian Government has lost all credibility in this respect on the international scene,” he said, reiterating Mr. Fontaine's comments on this subject.

The Minister of Indian Affairs and Northern Development claims he did everything he could for education. The following is from a Radio-Canada article:

For months, Mashteuiatsh, Essipit and Nutashquan chiefs have been trying to meet with the Minister of Indian Affairs...The chiefs want to move forward the negotiations that were the result of the Agreement-in-Principle of a General Nature concerning Innu self-government, signed in 2004 by the government—

The process has been stalled since the appointment [of the minister] last fall.

However, the minister...has declined the offer. “He told us that for the time being, he is not able to meet with us, despite our insistence. We need to speak with the federal government about the main issues of the negotiation,” said Mashteuiatsh Chief Gilbert Dominique.

[The minister] said that he did not have enough time for a meeting that he did not deem necessary.

Gilbert Dominique said that he doubted the Conservatives had any desire to sign territorial agreements with aboriginals when they were elected in 2006. He wonders if the fact that the Innu signed the first-ever agreement in Canada to protect the ancestral rights of an aboriginal community has not put the brakes on the government.

The Innu have called on Premier Jean Charest to try to convince Stephen Harper—

I am quoting the article; I am not naming the Prime Minister—

Business of the House

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons and Minister for Democratic Reform]

Mr. Speaker, the government took a major step forward this week to maintain a competitive economy, our theme for this week, and I am happy to advise the House that yesterday the Standing Committee on Finance agreed to report the budget implementation bill back to the House by May 28.

This is excellent news. The budget bill ensures a balanced budget, controls spending, and invests in priority areas.

This week also saw the passage of Bill C-23, which amends the Canada Marine Act, and Bill C-5 on nuclear liability at report stage.

Today, we are debating a confidence motion on the government’s handling of the economy. We fully expect, notwithstanding the minority status of our government, that this House of Commons will, once again, express its support for the government’s sound management of Canada’s finances and the economy.

Tomorrow, will we continue with maintaining a competitive economy week by debating our bill to implement our free trade agreement with the countries of the European Free Trade Association. It is the first free trade agreement signed in six years and represents our commitment to finding new markets for the goods and services Canadians produce.

If there is time, we will also debate Bill C-14, which would allow enterprises choice for communicating with customers; Bill C-7, to modernize our aeronautics sector; Bill C-32, to modernize our fisheries sector; Bill C-43, to modernize our custom rules; Bill C-39, to modernize the Grain Act for farmers; and Bill C-46, to give farmers more choice in marketing grain.

The government believes strongly in the principle of democracy and the fundamental importance of human rights. Next week we will show our support for that with strengthening democracy and human rights week. The week will start with debate on Bill C-30, our specific land claims bill. The bill would create an independent tribunal made up of superior court judges to help resolve the specific claims of first nations and will, hopefully, speed up the resolution about standing claims.

We will debate Bill C-34, which is our bill to give effect to the Tsawwassen First Nation final agreement. We will debate our bill to provide basic rights to on reserve individuals, Bill C-47, to protect them and their children in the event of a relationship breakdown, rights that off reserve Canadians enjoy every day.

As I said, we are committed to strengthening democracy in Canada. Yesterday, I had an excellent discussion on Senate reform with members of the Senate legal and constitutional affairs committee. That discussion will continue in this House next week when we debate our bill to limit the terms of senators to eight years from the current maximum of 45, as foreseen in Bill C-19.

We will also debate our bill to close the loophole used by leadership candidates to bypass the personal contribution limit provisions of the election financing laws with large, personal loans from wealthy powerful individuals and ensure we eliminate the influence of big money in the political process.

With regard to the question about estimates, there are, as the opposition House leader knows, two evenings that must be scheduled for committee of the whole in the House to deal with those estimates. Those days will be scheduled over the next two weeks that we sit so they may be completed before May 31, as contemplated in the Standing Orders.

There have been consultations, Mr. Speaker, and I believe you would find the unanimous consent of the House for the following:

That, notwithstanding any Standing Order or usual practices of the House, on Friday, May 9, starting at noon and ending at the normal hour of daily adjournment, no quorum calls, dilatory motions or requests for unanimous consent shall be received by the Chair.

[Deputy Grand Chief RoseAnne Archibald]

Yes.

First of all, how do we ensure that action is taken from NAWS? For our part at the AFN, we're going to continue to push the federal government to provide sustainable funding and resources to adequately engage in that planning process. What is key is an investment of sustainable funding. We can make recommendations, but without the investment, those priorities and actions sit on the shelf. So it's really key for us that we look at sustainable funding.

In terms of Bill C-47, how do we make sure our voice is heard, or how do we follow up? I've been before this committee on another bill, which was human rights. I made a recommendation there and I make the same recommendation here. I find that the processes of Parliament are not conducive to true partnership. We come and we make our presentations and hope to goodness that those things are taken into account. I really believe we have to start to examine a new way of conducting relations between first nations and the Government of Canada, one of true partnership. That is something we would have to build together.

Thank you.

[Rosemarie McPherson]

For Women of the Métis Nation, I guess it's a little different. Most of us who belong to our organization are all volunteers. When we put our weekends together, giving up our weekends so that we can prepare policy papers and stuff like that, we don't do it lightly. We do it from here, where it counts.

Most of us speak to our people in our communities. One of the things that kind of disturb me--I'm glad you raised this question--is with regard to a lot of the work we did in those policy papers, and the recommendations. When I look at the report we got back, I'm disheartened a little bit. I'm hoping that NAWS 2 will make a difference. Most of the recommendations are all geared to first nations. No offence, but we're here. The Métis are not going to go away. We're here.

To me, NAWS also allows the Métis to be present, be known, be visible, to make a presentation. That's what NAWS is doing for us at this time. That's what it did, NAWS 1, and with NAWS 2, hopefully now they will know we are here. We're hoping that our recommendations will be looked at a little bit harder. If we had six recommendations and even one were taken, we'd be so honoured.

We're not asking for much. We're just saying we're here. We're not going to go away, so one of these days we're going to be listened to.

You also asked about Bill C-47. The only information the Métis have on stuff like that comes through our first nations relatives, our cousins. We're hoping that the standing committee will pass the bill to ensure that women are being looked after and that they don't lose any marital property rights any more. I think that's what the bill is about. But as far as the bill affecting Métis women, it really doesn't. We only know about it because we come from the best of both worlds, as we all know; we come from the European side and we also come from our first nations cousins. We find out because our cousins tell us. But as far as the bill really affecting Métis women, it really doesn't.

Thank you very much.