Bill S-2 (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.

Second Reading

[Romeo Saganash, NDP, Abitibi—Baie-James—Nunavik—Eeyou, QC]

Mr. Speaker, what the women in particular have begged for is to do things right. They did not do it. That is the problem. That is what we are trying to fix. That is what the representations that were made were about. That is what the consultations were supposed to be for, and that did not happen. The Conservatives did not listen to them.

[Bernard Valcourt, Conservative, Minister of Aboriginal Affairs and Northern Development]

Mr. Speaker, I am indeed pleased to speak today in support of Bill S-2, the family homes on reserves and matrimonial interests or rights act.

Let me start by affirming and stating quite clearly that it is completely unacceptable that men, women and children living on reserve have for decades been deprived of the same basic rights and protections afforded Canadians living off reserve simply because of where they live.

Through this legislation, our government is addressing a long-standing legislative gap and ensuring that women, children and families on reserve can live in safe, stable home environments. I believe that the bill offers a practical, balanced and much needed solution that I wish to insist has been informed by national consultations with stakeholders, numerous reports, in-depth analysis and reasoned debate. I say now is the time for action.

I cannot emphasize enough the urgency of the issues that Bill S-2 proposes to resolve. Every day that passes until a solution is in place is one more day that women and children living on reserve do not have access to the same protections offered those living off reserve. Without the rights to matrimonial real property that other Canadians enjoy, more and more individuals and families, primarily aboriginal women and children living on reserve, are left defenceless, and in many cases, homeless and destitute. They are ostracized from the only community they have ever known and are forced to start life all over again elsewhere.

Bill S-2 offers an effective solution that would provide individuals with the rights and protections they need to ensure that they have access to the family home no matter which spouse is listed as the owner. The effect that the absence of legislation has on the lives on many individuals and families is a compelling reason for the members of the House to acknowledge the urgency of the situation and to pass Bill S-2.

Currently, and no one can dispute that, there is no law in place addressing matters related to on-reserve matrimonial real property and interests.

More than 25 years ago, two Supreme Court of Canada rulings clarified that provincial laws pertaining to matrimonial real property rights and interests do not apply in first nation communities. Given that no equivalent federal law exists, these interests and rights are not protected for individuals living on reserve in the event of a breakdown of a conjugal relationship or the death of a spouse or a common-law partner. This situation is unacceptable and should make endorsing Bill S-2 a top priority for the House.

Individuals who live off reserve have access to the protections and legal recourse set out in the provincial or territorial laws. However, individuals living in first nations communities, with few exceptions, do not benefit from such protections. No judge, police officer or court representative is authorized to intervene if someone throws his or her spouse out of the house or sells the family home and keeps all the proceeds from that sale. In other words, our justice system is not currently in a position to be able to end the harmful discrimination faced by an identifiable group of Canadians.

Canadians should not tolerate this fundamental injustice. The fact that this has been going on for 25 years is shameful.

It is true that a small number of first nations have developed laws pertaining to matrimonial rights and interests under the First Nations Land Management Act or self-government agreements. However, these options are not currently available to most first nations. As a result, over 100,000 Canadians do not have any legal protection in this regard. This has been harmful to many people, families and communities. These injustices have a negative impact on the lives of all Canadians, without exception. The only way to move forward is to enact an effective legislative solution, which is what Bill S-2 seeks to do.

Earlier, I heard the member opposite going on about consultations. Bill S-2 is based on extensive national consultations and Parliament's study of this issue. This work produced a wealth of high-quality information in the form of reports, studies, testimony and analyses. Bill S-2 is the result of all these contributions and analyses. The facts show that previous attempts strengthened the bill—

[The Deputy Speaker, NDP, Joe Comartin]

You have one minute left to wrap up your speech.

[Bernard Valcourt, Conservative, Madawaska—Restigouche, NB]

Mr. Speaker, I was talking about the consultations in 2010. The Standing Senate Committee on Human Rights studied an earlier version of the bill. The committee heard from more than 30 witnesses and adopted 12 amendments to improve the bill and reflect the input and comments received from stakeholders, including first nations and provinces. That version of the bill died on the order paper with the dissolution of Parliament, it but serves as an example of how previous studies and testimony have strengthened the legislation now before us.

In 2011, Bill S-2, the current iteration of the legislation, was introduced. It included not only the 12 amendments but also three additional changes that were suggested and made to the bill.

Therefore, I would say that we have spent enough time on it. This is the time for action. Let us pass this bill.

[The Deputy Speaker, NDP, Joe Comartin]

It being 5:45 p.m., pursuant to an order made earlier today, it is my duty to interrupt the proceedings and put forthwith every question necessary to dispose of the second reading stage of the bill now before the House.

The question is on the motion that the question be now put. Is it the pleasure of the House to adopt the motion?

[Some hon. members]

Agreed.

No.

[The Deputy Speaker, NDP, Joe Comartin]

All those in favour of the motion will please say yea.

[Some hon. members]

Yea.

[The Deputy Speaker, NDP, Joe Comartin]

All those opposed will please say nay.

[Some hon. members]

Nay.

[The Deputy Speaker, NDP, Joe Comartin]

In my opinion the yeas have it.

And five or more members having risen:

Call in the members.

(The House divided on the motion, which was agreed to on the following division:)

Vote #659

Family Homes on Reserves and Matrimonial Interests or Rights Act

[The Speaker, Conservative, Andrew Scheer]

I declare the motion carried.

The next question is on the main motion. Is it the pleasure of the House to adopt the motion?

[Some hon. members]

Agreed.

No.

[The Speaker, Conservative, Andrew Scheer]

All those in favour of the motion will please say yea.