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 bill was last introduced in the 39th Parliament, 2nd Session, which ended in September 2008.

Sponsor

Chuck Strahl  Conservative

Status

In committee (House), as of May 15, 2008
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

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.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

April 28th, 2008 / 4:20 p.m.
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Acting Executive Director, Native Women's Association of Canada

Claudette Dumont-Smith

Speaking for the Native Women's Association of Canada, we did present to the Senate on Bill C-47. We spoke to the Senate a couple of weeks ago. So yes, we were heard. Our views were heard at that level, anyway.

Your first question was about how we ensure that action is taken when we make recommendations at this summit. Well, I'll tell you that there was not too much action taken after NAWS 1. However, NWAC met with Health Canada, and we'll be meeting with other departments, as well. Before we embark upon addressing additional issues at NAWS 2, we want to make sure that some type of action will be taken on the issues brought up at NAWS 1, because we didn't address them all at NAWS 1. That's where we're at.

I can give you a better example. There were 137 recommendations brought up by the women at NAWS 1. That's a lot of recommendations. It was sifted down to 59. Again it was too many, so they came up with 29 recommendations under the three themes. They broke them up. For example, under health, there are six. Of the six, they talk a lot about violence. Violence against women has been brought up. Yes, what we need are resources for more family violence initiatives. Has that happened? I don't think so. I'm hoping that at NAWS 2 we'll be able to see what has been happening at the provincial-territorial level and with aboriginal organizations. So to totally respond to that question, I can't.

April 28th, 2008 / 4:20 p.m.
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Bloc

Marc Lemay Bloc Abitibi—Témiscamingue, QC

Thank you, Mr. Chairman.

I have to admit, ladies and gentlemen, that I am very skeptical about so-called national summits. I attended one such summit in Quebec, specifically in Mashteuiatsh near Roberval a year and a half ago. Not much happened at this gathering, which cost $100,000. I am not the least bit interested in finding out how much your summit is costing. I have a much more specific question for you.

I want all of the witnesses who are here today to know that I have a tremendous amount of respect for the work they do in defending the rights of women in and outside the community, in cities and so forth. However, what steps do you take to ensure that your recommendations are acted upon? Putting it another way, how do you ensure that a recommendation made in Corner Brook translates into dollars, programs and aid for women? That is my first question.

I also have a second question and then I will let you have the four minutes remaining to respond. How do you make sure that you are consulted? I am not talking here about someone seeking your advice, like in the case of a Supreme Court ruling, but about having meetings and discussions with other parties.

The best example I can give you is 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. How can women be assured of having their voice heard when such important pieces of legislation are tabled? Are your informed of these initiatives and consulted, and if so, in what way? Are chiefs misogynists? How does the process work? I want to know what problems you encountered so that we can help you.

I will turn the floor over to you for the time remaining. Good luck.

April 10th, 2008 / 10:30 a.m.
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NDP

Irene Mathyssen NDP London—Fanshawe, ON

Have you done your own gender-based and culturally sensitive analysis of Bill C-47? If so, have you presented that to government and said this is the direction we need to take?

March 5th, 2008 / 4:10 p.m.
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Conservative

Chuck Strahl Conservative Chilliwack—Fraser Canyon, BC

I have a couple of comments quickly, because it has been referenced a couple of times.

I want to touch on Bill C-47. I invite committee members to have a look at it. I realize it's not at this committee as yet, but it has been tabled by committee members. It really was an extensive effort to get the best bill we could for aboriginal women particularly, and families, who right now don't have any rules, if you will, that govern the distribution of matrimonial property in the case of a marriage break-up.

This bill was put together. We had extensive consultations with the AFN, with the aboriginal women's groups, and a special ministerial representative travelled the country. I think they had over 97 meetings to consult on this bill. There were a lot of recommendations that I think strengthened the bill. Just like Bill C-30, it's a better bill now because of those consultations.

I think it's a very good package. I realize there was reluctance to pass it today at all stages, but I'd urge all members to have a good look at it. I think it does an excellent job of balancing the collective rights of first nations, which is common land management and things held in common, with the rights of individual first nations who have to live on that land.

It is a bit of a tricky balance, but I think we've done a good job, with the help of a lot of first nations organizations and people who helped us craft a very good bill.

I'd urge all members to have a look at that, even before it comes to committee. If you have any advice for me, please let me know. I think it's a very good bill, which was made better by that consultation process.

With respect to Bill C-11, again, I was in Quebec City for a ceremony on that. This is a very good move toward self-government for the people in the region. One of the first meetings I had was in Kuujjuaq. I think it was the first week I had in this new job. We had discussions about moving it ahead. It was held up for a period of time in the Senate, but it's now moving ahead. All parties are supportive, and I think all concerns have been addressed.

Again, we're moving ahead. Really, all Inuit claims have now been settled. When you think of it, that's quite an accomplishment. I thank honourable members for their help to get that bill through. It's been a very good process for the Inuit and in working with the Province of Quebec.

As far as the actual estimates, Michael, could you address that?

March 5th, 2008 / 4:05 p.m.
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Conservative

Rod Bruinooge Conservative Winnipeg South, MB

Thank you, Mr. Chair.

Thank you, Minister Strahl, not only for coming today, but for announcing yesterday a historic piece of legislation, Bill C-47, which will finally address the long outstanding issue we have in Canada, on-reserve matrimonial real property. I know aboriginal women across the country are looking forward to having the same rights that so many other people take for granted. When a marriage breaks down and the assets are normally distributed between the two members of the family, unfortunately we haven't seen that happen on reserve. I know this bill will address that, so thank you.

In relation to the supplementary estimates today, I would like to talk a bit about the Nunavik land claims agreement. This was an agreement that was passed unanimously by the House of Commons; all the parties voted for that bill. When I had to go to the Senate to defend this bill, ironically there were a number of Liberal senators who wanted to vote this bill down. Thankfully, it looks like it has recently had royal assent.

I was wondering whether you could give us some indication as to how these estimates will in fact enable this legislation, and perhaps some of the benefits that might flow to the people of northern Quebec.

March 5th, 2008 / 3:55 p.m.
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Bloc

Marc Lemay Bloc Abitibi—Témiscamingue, QC

I agree with you, Mr. Minister, but for me, the “near future” is quicker than six months. It is six months now. We will talk about it again. We will also talk about matrimonial property again. Bill C-47 is important.

I saw that funds were provided to the Canadian Mortgage and Housing Corporation to improve market-based housing initiatives for First Nations and so on. What is the status of the request made by the Assembly of First Nations of Quebec and Labrador for 10,000 homes? Is there any understanding, any negotiation process? Is there any funding provided for that in the supplementary estimates?

March 5th, 2008 / 3:35 p.m.
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Chilliwack—Fraser Canyon B.C.

Conservative

Chuck Strahl ConservativeMinister of Indian Affairs and Northern Development

Thank you, Mr. Chairman.

I am pleased to be here, although I must admit I'm a little nervous today, given that I'm the only person at the table with a nameplate scratched on a piece of paper in ink. I'm a little nervous about what that might mean, but we're just going to plow ahead and hope for the best. I don't know if there's any significance to it.

Perhaps, for the sake of time, I'll let my officials introduce themselves in their round, if you will, and this way we'll get on with this quickly.

I am pleased, obviously, to be back and to appear before this committee to discuss part B of the 2007-2008 supplementary estimates. I want to talk about the place of the estimates and the other resources in the supply cycle in this government's larger plan to improve quality of life for aboriginal people and northerners, and to move towards a new relationship based on partnership and mutual respect.

It's always been my opinion—our government's opinion—that aboriginal people and communities need pragmatic, doable projects that can improve their quality of life, and not simply empty promises. That's why we're moving ahead the way we are. The government is working with leaders and making real strides and delivering results for first nations, Inuit, and Métis.

With the amounts included in supplementary estimates (B), my department's appropriations for fiscal year 2007-2008 total $7.4 billion.

Our government is committed to working with all stakeholders—provincial and territorial governments and First Nations groups—to bring true and lasting change to aboriginal and northern peoples and communities. The funds committed in the supplementary estimates will allow us to embark on this course.

An outstanding example of this is the agreement reached between the James Bay Cree and the Government of Canada, which I recently had the honour of signing and which represents the largest investment in the estimates now before you: $1.1 billion is now allotted.

This is a vitally important agreement. It will empower the Cree to continue developing the local economy; it will enable them to provide important social services; and it will open the door to formal discussions with the federal government and the Province of Quebec on self-government.

But most of all, Mr. Chairman, it is an agreement that establishes a new relationship between the Cree and the Government of Canada and looks forward to a hopeful and promising future. It was a pleasure and an honour to be there for that ceremony.

The supplementary estimates will also provide funding to other critical areas, assistance with fuel and health and safety pressures, and investments for the communities of Pikangikum and Kashechewan.

The main estimates, the first stage of the supply cycle for 2008-2009, were tabled in the House last Thursday, and although there is a small reduction in the main estimates for next fiscal year, it's important to remember that these do not include resources that will be acquired through the supplementary estimates later in the fiscal cycle.

In addition to our department's funding through the main and supplementary estimates, Budget 2008, tabled in the House last Tuesday, contains vital resources that will enable other departments across government to continue the impressive progress that has already been made under the leadership of the Conservative government.

I thank the honourable members for their support of that budget.

A significant element of this budget concerns Canada's north. Our government's northern strategy is focused on strengthening Canada's sovereignty, promoting economic and social development, protecting our environmental heritage, and improving and devolving governance so that northerners have greater control over their destinies.

By statute, as well as by virtue of the mandate given to me by the Prime Minister to coordinate the government-wide northern strategy, I'm pleased to report that with Budget 2008 we are implementing important new measures that will protect Canada's sovereignty and create more economic opportunities in the north.

For instance, the budget provides $720 million for a new icebreaker to replace the aging Louis S. St-Laurent, which will be decommissioned in about nine years' time.

There are also resources for important geological mapping to help unlock the natural resource potential of the north; for important mapping of the seabed under the Arctic and Atlantic Oceans, so that Canada can continue to claim title to the lands and waters that are rightfully ours; and for the construction and management of a commercial fisheries harbour in Pangnirtung, Nunavut, which will create new jobs and support the growth of the commercial fishery along eastern Baffin Island.

Budget 2008 measures don't stop there. We are increasing the maximum daily residency deduction to further assist in drawing skilled labour to northern and isolated communities; we are extending the mineral exploration tax credit until the end of March 2009; and we are dedicating $80 million per year to Canada's three university granting councils for research in support of industrial innovation, health priorities, and social and economic development in the north.

The 2008 budget also commits resources that will have direct positive effects on the lives of aboriginal people living both north and south of the 60th parallel. For example, the budget sets aside $147 million over two years for the improvement of First Nations and Inuit health.

Furthermore, we announced an investment of $330 million over two years to improve access to safe drinking water in first nations communities. We've already made significant progress in this area and we're determined to do even more. We've lowered the number of high-risk drinking water systems in first nations communities from what we inherited when we took office, which was 193 communities that were high risk, to 85 at this time, and we're pushing forward to finish the task.

In January, I was in Nipissing First Nation near North Bay, Ontario, to announce our latest progress report on water. I was very pleased to note that in 2006, 21 communities were identified as priorities with both a high-risk system and a drinking water advisory, and now, thanks to our government's working closely with first nations, only six communities remain on that list.

Budget 2008 also delivers resources for the promotion of prevention-based models for child and family services on-reserve, and $70 million over two years to improve first nations education outcomes through enhanced accountability and by encouraging integration with provincial systems. We know that only through strong, stable families and quality education can the future of first nations children be truly secure.

Yesterday I was pleased to be involved in two important announcements that promote that kind of stability and security. First, 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, was introduced in the House. In 2008, it is unacceptable that couples living on-reserve don't have access to the same laws as other Canadians to guide them in determining how they will divide their matrimonial real property. With Bill C-47, this government is advancing a real, practical solution to this intolerable situation.

Second, we announced that five new shelters will be built to help address violence against first nations women and their families. We also recognize the importance of economic development to building strong families and a better quality of life. Here again, Budget 2008 provides the resources to help increase aboriginal participation in the Canadian economy, and $70 million will be dedicated over the next two years to a new aboriginal economic development framework. This will include measures that will assist aboriginal individuals and communities to participate more fully in the economy in all parts of Canada, including the north.

Settled land claims are another important means of spurring economic development. I particularly want to note that I am looking forward to the passage of Bill C-30, an act to establish the Specific Claims Tribunal and to make consequential amendments to other acts, now being considered by this committee. Implementing this important legislation will enable us to make significant progress on the resolution of specific claims and allow first nations to reap the benefits of these agreements and the economic opportunity that will follow.

The Government of Canada has worked in concert with the Assembly of First Nations. Together, we have spared no effort to develop the bill that was announced at the end of last year. This unique cooperation was gratifying for both parties.

Finally, I would also like to take a moment to provide you with an update on the implementation of the historic Indian residential schools settlement agreement. Although this is an aside, I'm sure you'll agree that it's an important one. I'm pleased to report that the government has received more than 88,000 applications for the common experience payment and has processed more than 73,000 of those, totalling a payout of $1.14 billion so far. At the same time, the important work of the independent assessment process has begun.

In addition to compensation, another very important element is the truth and reconciliation commission, which will soon be established and I believe is the cornerstone of the settlement agreement. This commission is crucial to moving forward in partnership with aboriginal and non-aboriginal communities across Canada toward reconciliation.

I also wish to remind the committee of the government's commitment to make a statement of apology to former Indian residential school students. This government is delivering on its commitment to a fair and lasting resolution to the legacy of Indian residential schools.

This brings me to the point I would like to leave you with this afternoon. There is a great deal at stake as we move forward on aboriginal and northern issues. The fact is, as we're all aware, Canada is facing a labour shortage as the baby boom generation retires. Mr. Chairman, the solution to this shortage is right here before us. The aboriginal population is young, growing, and eager to play an important role in the labour market in the Canadian economy.

We must do everything in our power to ensure this participation. Working with our partners, we must use all the tools at our disposal: innovative partnerships, programs and services, and, of course, financial resources.

Mr. Chairman, we know that Canadians want their valuable tax dollars properly managed. That's why our government puts a priority on strong fiscal management and accountability to those we serve. We want to ensure that our programs provide value for money and achieve concrete results. For example, effective July 1, 2008, we will be adding an audit clause to funding agreements with first nations. This will allow the conduct of audits to ensure that first nations have appropriate management, financial, and administrative controls in place, and to encourage the sharing of best practices.

Mr. Chairman, this is not a new idea—it's already in place in several government departments—but I believe it's an important move because it shows that not only are we as a government accountable to all Canadians, but also that first nations and tribal councils will be able to show their members that they too are accountable for the funds they receive from the federal government.

It is essential that we have the resources afforded by Budget 2008, and the main and supplementary estimates, to work with our partners to continue to improve quality of life and to ensure that aboriginal young people have access to the educational and skills development opportunities they need to secure a prosperous future for themselves, for their communities, and for all Canadians.

Thank you. I will now be glad to answer questions from the members of the committee.

Thank you.

Agriculture and Agri-FoodCommittees of the HouseRoutine Proceedings

March 5th, 2008 / 3:15 p.m.
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Conservative

Peter Van Loan Conservative York—Simcoe, ON

Mr. Speaker, I thank the opposition House leader for those constructive comments. There has been some consultation but I am pleased that the parties will consider it further.

My other motion relates to Bill C-47 on matrimonial property and reads: That, notwithstanding any Standing Order or usual practice of the House, Bill C-47, an act respecting family homes situated on first nations reserves and matrimonial interests or rights in or to structures and lands situated on those reserves be deemed to have been read a second time and referred to a committee of the whole, deemed considered in committee of the whole, deemed reported without amendment, deemed concurred in at the report stage and deemed read a third time and passed.

I seek consent for that motion in this International Women's Week.

Aboriginal AffairsOral Questions

March 5th, 2008 / 3 p.m.
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Chilliwack—Fraser Canyon B.C.

Conservative

Chuck Strahl ConservativeMinister of Indian Affairs and Northern Development and Federal Interlocutor for Métis and Non-Status Indians

Mr. Speaker, it is important to pass Bill C-47 as quickly as possible to correct an inequality. It is about extending matrimonial rights to protect aboriginal women and children, to ensure they are treated fairly if things go wrong in the home.

It is something aboriginal groups have been asking for. Human rights groups, the Senate unanimously, including Liberals, asked us to pass this legislation as quickly as possible, as did Lucy Roundpoint, who is a member from Akwesasne. She said that Bill C-47 would protect other aboriginal women from having to go through what she has gone through.

This is a good bill. It is about righting a wrong. It is about bringing equality to first nations women. It is time to get this bill done. It is time to pass it in the House.

Aboriginal AffairsOral Questions

March 4th, 2008 / 2:40 p.m.
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Chilliwack—Fraser Canyon B.C.

Conservative

Chuck Strahl ConservativeMinister of Indian Affairs and Northern Development and Federal Interlocutor for Métis and Non-Status Indians

Mr. Speaker, our government agrees this is inexcusable. That is why I tabled Bill C-47 this morning. I was joined by the Minister of Canadian Heritage later to publicly announce action to remedy this problem.

Our bill is called the family homes on reserves and matrimonial interests or rights act. This is about correcting a clear inequality. It is about protecting the vulnerable, most notably aboriginal women who do not have the protection every other Canadian woman can get and expects. This is something for which aboriginal women's groups have been asking. This is something the government is prepared to do. We are going to act. It is time to give rights to Canadian women now.

Family Homes on Reserves and Matrimonial Interests or Rights ActRoutine Proceedings

March 4th, 2008 / 10:05 a.m.
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Chilliwack—Fraser Canyon B.C.

Conservative

Chuck Strahl ConservativeMinister of Indian Affairs and Northern Development and Federal Interlocutor for Métis and Non-Status Indians