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 41st Parliament, 1st Session, which ended in September 2013.

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

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.

Votes

June 11, 2013 Passed That the Bill be now read a third time and do pass.
June 11, 2013 Failed That the motion be amended by deleting all the words after the word “That” and substituting the following: “the House decline to give third reading to Bill S-2, An Act respecting family homes situated on First Nation reserves and matrimonial interests or rights in or to structures and lands situated on those reserves, because it: ( a) is primarily a Bill about the division of property on reserve but the Standing Committee on the Status of Women did not focus on this primary purpose during its deliberations; ( b) fails to implement the ministerial representative recommendation for a collaborative approach to development and implementing legislation; ( c) does not recognize First Nations jurisdiction or provide the resources necessary to implement this law; ( d) fails to provide alternative dispute resolution mechanisms at the community level; ( e) does not provide access to justice, especially in remote communities; ( f) does not deal with the need for non-legislative measures to reduce violence against Aboriginal women; ( g) makes provincial court judges responsible for adjudicating land codes for which they have had no training or experience in dealing with; and ( h) does not address underlying issues, such as access to housing and economic security that underlie the problems on-reserve in dividing matrimonial property.”.
June 4, 2013 Passed That, in relation to Bill S-2, An Act respecting family homes situated on First Nation reserves and matrimonial interests or rights in or to structures and lands situated on those reserves, not more than five further hours shall be allotted to the consideration of the third reading stage of the Bill; and that, at the expiry of the five hours provided for the consideration of the third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.
May 27, 2013 Passed That Bill S-2, An Act respecting family homes situated on First Nation reserves and matrimonial interests or rights in or to structures and lands situated on those reserves, {as amended}, be concurred in at report stage [with a further amendment/with further amendments] .
April 17, 2013 Passed That the Bill be now read a second time and referred to the Standing Committee on the Status of Women.
April 17, 2013 Passed That this question be now put.
April 17, 2013 Passed That, in relation to Bill S-2, An Act respecting family homes situated on First Nation reserves and matrimonial interests or rights in or to structures and lands situated on those reserves, not more than one further sitting day shall be allotted to the consideration at second reading stage of the Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Family Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

June 10th, 2013 / 1:45 p.m.


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NDP

Francine Raynault NDP Joliette, QC

Mr. Speaker, these women certainly will not be ignored for another 25 years.

This is the fourth bill that the Conservative Party has introduced, but it is no good because it is missing provisions to protect the women. Maybe provincial law should apply on reserves, which is currently not the case.

My colleague can rest assured that I will see to it that these women will not have to wait another 25 years. In 2015, we will see to it.

Family Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

June 10th, 2013 / 1:50 p.m.


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NDP

Philip Toone NDP Gaspésie—Îles-de-la-Madeleine, QC

Mr. Speaker, I am pleased to rise in the House today to debate Bill S-2, An Act respecting family homes situated on First Nation reserves and matrimonial interests or rights in or to structures and lands situated on those reserves.

This is not the first time this issue has come up in the House of Commons. Similar bills have been debated during previous Parliaments. This is the fourth time we have talked about this issue. Why did the government wait so long to bring this bill forward? Why, after all this time, is it still flawed?

Aboriginal women's rights advocacy groups have made it clear to me that they are against this bill. I would like to point out that they were not consulted with respect to Bill S-2. They were consulted previously about other bills on this issue.

Fortunately, parliamentary committees asked people to appear as witnesses on this subject. Of course, the Conservative government seems to be restricting parliamentary committees' freedom more and more, which means that fewer and fewer witnesses are able to appear. Still, aboriginal women's groups were able to testify before the parliamentary committee, and they expressed clear opposition to this bill.

I would like to say a few more things about that. What is the primary objective of the bill before us? Matrimonial rights are simply not covered in the Indian Act, so we have a dilemma because some areas of jurisdiction may be seen as falling under provincial legislation. How are we addressing that?

The bill before us concerns matrimonial rights and interests, primarily with respect to property rights. In Canada, there are two kinds of property: movable assets and real property. Real property means everything not attached to the ground. This bill is really about rights to housing, homes and land. The dilemma is that first nations do not own their own land. This is a real legal dilemma, and Bill S-2 makes a noble attempt to resolve it. This is a step in the right direction because we have to recognize that this is a problem we need to solve.

The problem is that not only do first nations members not own their own land, but they are also currently experiencing a housing crisis because there are not enough homes. That causes all kinds of problems. This bill addresses sociological issues that could cause families to split up or that could lead to divorce, but it also addresses cases in which there is a death. In such cases, we have to determine what happens to the family assets.

The bill tries to address these problems, but unfortunately it does not do nearly enough.

For example, if the first nations are experiencing a housing crisis, if a woman wants to separate from her husband or if a family splits up, where will these people live?

The bill skips a number of steps. The first step seems quite obvious to me: fix the housing crisis within our first nations. If there is a shortage of housing, where will people go if they want a divorce? A number of families in my riding share the same home. That makes no sense. We need to fix this problem.

This bill brings up another problem: access to justice. Legal assistance is simply not available. That is another area of shared responsibility, since provincial and federal courts are unfamiliar with the rights and traditions of the first nations. Unfortunately, this bill does nothing to address those issues.

We must absolutely talk about the courts having a knowledge of first nations traditions. Why would the first nations be subject to a provincial court if that court is not familiar with first nations traditions?

The Crown has an obligation to ensure that the courts that are affected by this bill have the information they need well in advance. The funding is simply not there. Once again, the Conservative government wants to place an obligation on the provinces without giving them the resources they need to fulfill it.

This is a rather serious problem across Canada. Every time this Conservative government suggests sharing responsibilities with the provinces, it seems to forget that this requires resources. It completely ignores the fact that the provinces do not have the means, especially when they are being forced to take on more and more roles that would normally be federal responsibilities.

In any event, since it is mostly women who would be affected by this bill, how are they supposed to exercise their new rights if they do not have the means to do so? How are they going to get to the courts in question if they do not live in the designated communities? They will be far from home.

If the bill passes, many aboriginal women will simply be incapable of exercising their rights because they will not have the means to get to the courts in question, which will quite often be far from their community. This is major flaw. Why not plan to have the courts go to them, instead of insisting that the courts, which are quite far away, be the places where matters related to this bill are resolved?

Parliament has dealt with this bill a number of times, in a number of previous parliaments, and a number of studies have been done. The problem is that the recommendations that have come out of these studies have been ignored and are not included in Bill S-2.

The Senate came out with the report, “A Hard Bed to Lie in: Matrimonial Real Property on Reserve”.

In that case, in 2003, they recommended that provincial laws apply. That was a good idea.

The Senate, “Still Waiting“ in 2004, identified the lack of clarity for the rights of women on reserve as a human rights issue that was a recurring recommendation from the UN, which was a very damaging report.

In 2005, “Arm-in-Arm”, the parliamentary committee talks came up with five recommendations, which we see very few of in the bill in front of us today.

In 2006, again, the Status of Women report identified barriers, including insufficient funding or the implementation of it, especially for the problem of chronic housing shortages on reserves and the lack of high level consultations.

Again, the need for consultation and funding was recommended and, again in the bill, the government simply did not do its jobs. It did not consult with first nations on Bill S-2. The Conservatives asked them to come to the parliamentary committees. Thank goodness the opposition was there to insist that they show up, otherwise the government never would have consult first nations women, which is absolutely hypocritical on its part.

One of the biggest problems with this bill is that aboriginal communities have only 12 months to implement it. Most of the communities asked for three years if this bill passes. One year is absolutely not enough.

Again, there are some serious problems to address in aboriginal communities. There is a chronic lack of housing in aboriginal communities. If we do not deal with these basic problems, then how can we deal with fundamental problems such as matrimonial rights?

Matrimonial rights cannot be dealt with if a woman has nowhere else to stay. This is a simple, but fundamental problem. If we do not tackle the fundamental problems of first nations, then a bill like Bill S-2 can never be implemented fairly and in such a way as to guarantee the rights of aboriginal women in Canada.

The House resumed from June 4 consideration of the motion that Bill S-2, An Act respecting family homes situated on First Nation reserves and matrimonial interests or rights in or to structures and lands situated on those reserves, be read the third time and passed, and of the amendment.

Family Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

June 10th, 2013 / 11:10 p.m.


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Conservative

Randy Hoback Conservative Prince Albert, SK

Mr. Speaker, I would like to inform the House that I will be sharing my time with the Parliamentary Secretary to the Minister of Finance and member for St. Boniface.

I am proud to stand today in support of Bill S-2. There is absolutely no doubt in my mind that this proposed legislation offers a balanced and effective solution to an unjust problem that continues to affect individuals living on reserve today. The problem is that a legislative gap currently exists for individuals living on reserve that is preventing them from accessing the same rights and protections to matrimonial real property rights and interests as all other Canadians take for granted every day. That is because provincial laws only protect the MRP rights and interests of those who live off reserve.

The result is that some Canadian individuals have fewer protections and rights, simply because of where they live. Very few first nations in Canada have developed MRP laws under other enabling federal legislation, which means that the majority of individuals living on reserve lack protections and rights similar to those living off reserve. Given this reality, the legislative gap represents an inequality that can no longer be tolerated.

Our government believes that Canadians should not be denied access to basic rights and protections simply because of where they live. That is why our government is responding to the calls of aboriginal women, parliamentary committees, international bodies, and even the Manitoba NDP for urgent action to finally eliminate this long-standing legislative gap that has caused so much pain and suffering for some of the most vulnerable people in Canadian society, specifically women and children living in first nations communities.

We believe that family violence, wherever it occurs, should not be tolerated and that the rights of individuals and families to an equal division of the value of a family home must be protected, regardless of where they live. Aboriginal women and children living on reserves should not have to wait any longer to benefit from the same rights and protections people living off reserve are afforded. They deserve and expect no less.

On April 30 this year, Ron Swain, the National Vice-Chief of the Congress of Aboriginal Peoples, appeared before the Standing Committee on Status of Women and argued that not backing this bill is disallowing equality for all aboriginal people. Our government agrees with this view, and I call on all hon. members to support this long overdue legislation, thus ensuring that the matrimonial rights of all Canadians are protected.

This legislative gap can lead to heartbreaking injustice. For example, an abusive husband can evict his wife and children from their family home, and no court in the country has the power to intervene. Bill S-2 would protect the matrimonial rights and interests of all individuals who live on reserve. Furthermore, it would allow the courts to apply first nations law, thus allowing first nations to formalize its traditional dispute resolution processes and remedies. The legislation would also ensure that until a first nation was able to create its own laws, federal rules would provide families with rights and protections similar to those afforded people living off reserve.

Over the years, a wide range of groups have studied this matter. Parliament has pursued legislative solutions for many years, including studies by parliamentary committees as to what such solutions might entail and how they might be implemented. In 2003, the Standing Senate Committee on Human Rights published “A Hard Bed to Lie In: Matrimonial Real Property on Reserve”, a report with many valuable recommendations. Central to its conclusion was the need for the development of cultural sensitivity laws.

The Standing Committee on Aboriginal Affairs and Northern Development also investigated the issue and heard testimony from dozens of witnesses. Bill S-2 was informed by the committee's final report, “Walking Arm-in-Arm to Resolve the Issue of On-Reserve Matrimonial Real Property”, presented in 2005. The report concluded with two principal recommendations. The first reads, in part:

That, consulting with the Native Women’s Association of Canada and the Assembly of First Nations to the extent possible, considering the urgency of the situation, the government immediately draft interim stand-alone legislation or amendments to the Indian Act to make provincial/territorial matrimonial property laws apply to real property on reserve lands.

Our government heeded this recommendation. Officials with Aboriginal Affairs and Northern Development Canada began the planning process in collaboration with the two national aboriginal organizations identified in this recommendation. During the planning process, the parties agreed to implement the second principal recommendation of the standing committee's report, which reads:

That, in broad consultation with First Nations organizations and communities, the government collaborate with those organizations and communities to develop substantive federal legislation on matrimonial real property for those First Nations that have not created their own laws on the subject matter within the time frame set out in the interim legislation. This legislation should cease to apply to First Nations that subsequently develop their own matrimonial real property regimes.

Our government followed these recommendations and allocated over $8 million to aboriginal organizations and first nations to consult with members and stakeholders. A discussion paper outlining the issues and mapping out three potential legislative solutions was prepared. To coordinate the consultations and forge a consensus on a potential legislative solution, a ministerial representative was appointed.

During 2006 and 2007, more than 100 consultation sessions were held across Canada. Most of the sessions were led by the Assembly of First Nations and the Native Women's Association of Canada. The vast majority of the session participants were members of first nations. Dozens of groups also provided written submissions.

During the consultations, it became clear that there was overwhelming opposition to one of the potential solutions: incorporating relevant provincial and territorial laws into the Indian Act. As a result, this option was discarded entirely. The pattern of responsiveness to the stakeholder input has been repeated throughout the long development of the bill before us today.

Previous versions of this legislation were introduced in 2008, 2009 and 2010, and debates and committee review inspired a series of amendments.

When the Standing Senate Committee on Human Rights studied a previous iteration of the bill, Bill S-4, a total of 12 amendments were made to the proposed legislation. All of these improvements are included in Bill S-2.

With Bill S-2, this government chose to change elements of the bill to specifically address three criticisms most commonly directed at the previous version.

I would also point out that amendments were made when the bill was in the other place to further respond to the views of stakeholders. I believe Bill S-2 is not only an important bill but a necessary one, as it would finally close the intolerable legislative gap that continues to reduce so many to poverty, hardship and, too often, homelessness.

Bill S-2 is a progressive piece of legislation that would recognize first nations are best placed to develop their laws in this area. It would enable the courts to apply MRP laws developed by first nations. It would support sound governance practices in first nation communities and encourage self-reliance. Most important, Bill S-2 would protect some of the most vulnerable citizens and eliminate the injustice that tarnishes our country and has led to international criticism.

Under Bill S-2, first nations could develop, enact and implement MRP laws for their reserves. The content of the laws would be determined between the first nation government and its members alone. This would mean more transparency and accountability between first nation members and government.

For more than 25 years, women and men on reserves have lacked legal protection of their matrimonial real property rights and interests. Surely we can all agree that it is unacceptable to deny legal protection to a group of Canadians any longer simply because of where they live.

The time has come to eliminate this fundamental inequality. It is in our power as parliamentarians to do so.

I urge all members of the House to lend support to Bill S-2.

Family Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

June 10th, 2013 / 11:15 p.m.


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NDP

Linda Duncan NDP Edmonton Strathcona, AB

Mr. Speaker, I find the statements being made on this bill very sad.

Organization after organization, first nation government after first nation government, first nation national leaders and regional chiefs have all said they oppose this legislation.

Yes, the government, finally pressured after many iterations of the bill, did provide for some consultation. What it did not do is listen to what it was told.

The same issues have been raised time after time by the first nations. They would like to have the opportunity to develop their own legislation. Many of them have strong customary laws. They are saying this is all very fine and dandy; however, they are asking how they resolve this if there is no housing. In many cases, in isolated communities, the women do not even have access to a bus to meet with a lawyer, let alone to pay the retainer for the lawyer to go to court.

I wonder if the member would advise the House what the first nation organizations and governments told them and in what way the bill would respond to what they were told.

Family Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

June 10th, 2013 / 11:20 p.m.


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Conservative

Randy Hoback Conservative Prince Albert, SK

Mr. Speaker, actually I am not surprised. When we look at the Conservative government and if we look back in history, we see it was John Diefenbaker who gave aboriginals the first right to vote. I am sure when he did that, the NDP sat in opposition and said it was not fair, it was not appropriate and they should not allow it to happen.

We see that happening here again. Instead of the NDP grabbing a piece of legislation that is based upon strong moral values and strong principles, it attacks it. It ignores the evidence that was gathered by aboriginal groups themselves. It ignores the recommendations that were gathered by those groups, also. It ignores the piece of legislation, not based upon what is the right thing to do, but based upon party politics. That is pretty sad.

Family Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

June 10th, 2013 / 11:20 p.m.


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Saint Boniface Manitoba

Conservative

Shelly Glover ConservativeParliamentary Secretary to the Minister of Finance

Mr. Speaker, I take this bill to heart, and I want to thank my colleague, who just presented a description of what aboriginal women go through in their communities when they do not have these rights available to them.

I have seen myself, many times, women from reserves who are kicked off and who are afraid. When they speak out, they do not want us to tell members of the community that they are speaking to us, because they are afraid. Their children are still on reserve, they have been kicked off the reserve and they are desperately trying to get access.

I listened to the member across the way, from the NDP, talk about leadership and saying they do not want to do this. It has been 25 years that these aboriginal women have suffered in silence. They have asked for our help and, gosh darn it, we are going to do everything in our power to do that.

I want to ask the member for Prince Albert if he could address the 25 years of suffering in silence that we have heard of because there is no law in place to protect these women.

Family Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

June 10th, 2013 / 11:20 p.m.


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Conservative

Randy Hoback Conservative Prince Albert, SK

Mr. Speaker, it is intolerable to think that this has been going on for so long. I cannot put myself in the shoes of the people who are faced with the options they have, living on reserve in this type of situation.

Off the reserve, there are all sorts of options. People can seek legal advice and they can get the courts to intervene. However, on reserve, people cannot do that. They have no options. They have no ability to seek the courts or get any type of injunction.

If we look at the people who are asking for us to do this, we see it is actually the Manitoba NDP that is saying they need this legislation now and urgently. I cannot understand how the federal NDP cannot get along with its provincial cousins and actually get behind this piece of legislation and move it forward. It just bewilders me.

Family Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

June 10th, 2013 / 11:20 p.m.


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Saint Boniface Manitoba

Conservative

Shelly Glover ConservativeParliamentary Secretary to the Minister of Finance

Mr. Speaker, it is a pleasure to speak today in support of Bill S-2.

Everywhere in Canada, there is legal protection when a marriage or common-law relationship breaks down or a spouse or common-law partner dies, except on reserve. Provincial legislation ensures that matrimonial real property assets are distributed equitably and that children and spouses have access to the protection they need when they need it, but there are no similar family laws to speak of in first nation communities.

Aboriginal women have been waiting for this legislation for a very long time. As a woman myself, from a Metis background, I find the fact that this situation still exists in Canada in 2013 absolutely appalling. Aboriginal women deserve to have the same rights as non-aboriginal women in Canada, and this bill would finally eliminate the current legislative gap and allow for matrimonial real interest laws to be applied on reserve.

More than 25 years ago, the Supreme Court ruled that provincial matrimonial real property laws do not apply to on-reserve communities because reserve lands fall under federal jurisdiction. Since the Indian Act is silent on this issue, the result is that a gap exists in the law respecting matrimonial rights and interests for residents on reserves. This gap is harmful for many reasons.

Most damaging is the lack of protection in the event of a family breakdown or the death of a spouse. For instance, I know first-hand of cases of wives and children left homeless and destitute after abusive husbands kicked them out of the family home. Many of them went on to be exploited sexually on the streets of Winnipeg, where I was a police officer for almost 19 years. They were desperate to find help, and this is the help they have been seeking for 25 years.

However, because of the Supreme Court ruling, the legal recourse in the courts available to every other Canadian is not available to those living on reserve. No judge, for example, has the authority to issue an order for emergency protection or temporary exclusive occupation of the family home if it is situated on reserve. That is why our government is acting.

I want to point out that matrimonial real property regimes do exist in a small number of first nation communities that are governed by the First Nations Land Management Act or by a negotiated comprehensive self-government agreement, and I want to commend those communities. However, Bill S-2 would extend matrimonial property rights to all first nations in Canada by creating a legislative alternative under which they could develop their own matrimonial real property laws, and courts would be able to apply these first nation regimes.

The legislation now before us is based on the premise that first nations are best placed to develop their own MRP laws. Those laws could reflect first nation culture and traditions, for instance. They might make use of an elders council or propose a remedial mediation process. As members recognize, people are more likely to respect and abide by laws that they have had a role in creating and that reflect their particular culture and traditions.

Indeed, several first nations are already well advanced in developing their own MRP laws, but without appropriate legislation, such as Bill S-2, the courts are not able to apply these laws, and some first nations, of course, may not be in a position to develop MRP regimes immediately or in the short term.

To ensure that this legislation would extend these basic rights and protections to all Canadians, and not just those living in communities where the governments have enacted legislation, Bill S-2 would also include provisional federal rules. This federal MRP regime, once enforced, would apply to first nations who have not developed their own MRP laws under Bill S-2 or other federal legislation.

These provisions would establish a federal regime based on the principle of equal rights for all Canadians, and these rights should not depend on where they live. All Canadians should have similar protections. Bill S-2 would end this unjust discrimination and help to ensure that all Canadians—men, women and children—living on or off reserve, have access to matrimonial rights and protections.

Opponents of the proposed legislation have made a number of points that I would like to briefly address.

Some critics assert that Bill S-2 fails to properly recognize the inherent rights of first nations to govern themselves respecting MRP. Well, I believe this critique to be false, and it completely misses the point of the legislation.

It ignores the need for federal legislation to fill the gaps, so that first nations can establish their own laws to do exactly that. The fact is that interested groups have unanimously agreed that this legislative gap needs to be resolved on an urgent basis. It should not be stalled because of the fact that some wish to have a broader discussion on the concept of inherent rights. For goodness' sake, 25 years is long enough. Let us get on with it.

There is also criticism concerning the adequacy of the consultation process that informs Bill S-2. This criticism is also misguided. After coming to power in 2006, one of our government's first orders of business was to embark on an extensive consultation process in partnership with national aboriginal organizations. In total, more than 100 consultation sessions were held in 76 sites across the country. Hundreds of people, most of them residents of first nations communities, took part in this process, and their feedback directly influenced the content of this legislation now before us.

I am talking only about when we got to power. However, since 2000 there have been special representatives and advisors, there have been special papers written, there have been forums, information sessions, consultations, and the list goes on and on.

Some may claim that there was not enough consultation, but to them I say this issue has been discussed for more than 25 years. Although the NDP is heckling me as I speak about the needs of these women at this present time, I will stand here and I will defend their right to have this law as long as I am alive.

I cannot imagine how much more consultation is needed to do the right thing. It is time to do the right thing. My colleague also stated that this is the fourth time this bill is before Parliament. Since its drafting in 2007, numerous improvements have in fact been made to the bill, many of which respond directly to the concerns voiced by a wide range of stakeholders, which includes first nations peoples. Changes were made to improve the bill before it was introduced again. For instance, there is no verification process in the legislation now before us. Similarly, Bill S-2 features a 12-month transition period and a lower ratification threshold.

I believe these changes further strengthen the bill and better support first nations. The proposed legislation offers a practical and balanced solution to a problem that has harmed women, men, children and families living on reserves for far too long. Each delay of its passage results in the continued denial of protections and rights for individuals living on reserves, particularly for aboriginal women and children.

In conclusion, let me talk about our aboriginal women, something I know just a little bit about. As I think about the aboriginal women, I want to reflect for a moment on what my aboriginal mother taught me. In aboriginal teachings, the moon is known as the grandmother moon. A full moon ceremony is special to us aboriginal women. I remember my mother talked about the moon ceremony. She explained that women's natural rhythms are connected to the changing cycles of the moon.

For this reason, we come together as women when grandmother moon's light is the fullest. In her light, we are able to connect with the brightness of our own inner light, to heal and to celebrate womanhood. The spirit of grandmother moon hears our deepest prayers at that time. The grandmothers teach us that when the moon is full, it is time for women's prayers to be expressed. Prayer is a powerful energy that supports us in manifesting the deep wishes that emerge from within.

Around June 25, many aboriginal women in Canada will be participating in and praying at a moon ceremony. I, too, will pray. I am going to pray that all aboriginal people are protected equally. I will pray especially for our women and children who have suffered far too long without matrimonial property rights, that have left them vulnerable and helpless, and far too often they have been left homeless.

This is long overdue legislation that deserves our full and immediate support. I am very disappointed in other members of this House. This is a no-brainer. This is a bill that all parties should be supporting without reservation, without hesitation, and with pride in what we want to succeed in giving all Canadian women and children and men across this country from coast to coast to coast. I will continue to support it. I will continue to urge members on the other side to do the right thing. I will continue to pray that this bill passes so that we can set this aside. It has been 25 years. Let us get on with it.

Family Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

June 10th, 2013 / 11:30 p.m.


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NDP

Niki Ashton NDP Churchill, MB

Mr. Speaker, I had the honour of being part of the Standing Committee on the Status of Women in hearing first nations women from the grassroots and women involved in leadership speak out against the government's colonial agenda as evidenced in Bill S-2.

The member across seemed to be compelled by her passion for the interests of on-reserve women, but first nations women have increasingly talked about the lack of non-legislative measures that follow Bill S-2 and legislation without the ability to implement it, and I know the member knows the lack of policing in northern first nations, without police, without shelters for women to escape to, without somebody to enforce a protection order. We felt there should be funding for courts to come into these communities and this legislation is mute on that.

Why does the member and her government insist on putting forward a paternalistic form of legislation without actually investing the funds that are necessary to make a difference in these women's lives? Enough rhetoric, where is the—

Family Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

June 10th, 2013 / 11:35 p.m.


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The Acting Speaker Bruce Stanton

The hon. Parliamentary Secretary to the Minister of Finance.

Family Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

June 10th, 2013 / 11:35 p.m.


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Conservative

Shelly Glover Conservative Saint Boniface, MB

Mr. Speaker, the member is from Manitoba. She sat on that committee. Why did she not listen to Jennifer Courchene from Manitoba, who said very clearly she was kicked off a reserve? She wants to see that we provide some kind of law that prevents that from happening to other women. Why did she not listen to Jojo Sutherland, a female elder in our aboriginal communities who works with women who are transitioning from jail into their communities again? These women have suffered. Jojo Sutherland said “I was kicked off a reserve. I ended up being sexually exploited and prostituting myself. My children ventured into that world”. They had nothing but one suitcase as she left the reserve.

The member ought to listen to the women who are suffering, many of whom disappeared as missing and murdered aboriginal women and do something for once.

Family Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

June 10th, 2013 / 11:35 p.m.


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NDP

Wayne Marston NDP Hamilton East—Stoney Creek, ON

Mr. Speaker, we have just heard examples of real passion from two women who are speaking on an issue that is important to them. We should be respectful of that debate.

One of the concerns I have is this. I started reading the list of people who had expressed concerns with Bill S-2 such as the Native Women's Association, the Assembly of First Nations technical update of January 27, 2012, the National Aboriginal Women's Summit, Ellen Gabriel. I could go through a list of a number of people and groups who are concerned, including Dionne Schulze, Shawn Atleo, the Quebec Native Women, the Nishnawbe Aski Nation Women's Council, and there are more. I will not read them all, but the reality is that if we have that many people from that cross-section raising concerns with the bill, why would we not pause that extra bit longer and do it right to do the best we could to take those things into account? That is what I find difficult with this.

Family Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

June 10th, 2013 / 11:35 p.m.


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Conservative

Shelly Glover Conservative Saint Boniface, MB

Mr. Speaker, I do respect what the member opposite is suggesting, but there is just a long a list of people who testified, for example, like the executive director of the National Association of Friendship Centres and many others, the Young Women's Christian Association. We had aboriginal woman, after aboriginal woman and the Congress of Aboriginal Peoples. They said that this was needed. The Supreme Court ruled 25 years ago that there was a legislative gap.

I would suggest for the member to please look at the facts. The facts are that the NDP at this point wants to support people who want catch-all legislation that would solve world poverty, that would end world hunger, that would solve every housing crisis we have ever known. It is not possible. Yes, I would love to come up with a legislative piece that would solve all of that, but in the interim it does not exist. Let us take a step forward and protect the most vulnerable.

The NDP members will have blood on their hands if they sit there and do nothing. I will not stand for it. I cannot stand for it.

Family Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

June 10th, 2013 / 11:35 p.m.


See context

Conservative

Bradley Trost Conservative Saskatoon—Humboldt, SK

Mr. Speaker, I appreciate the ability to participate in and be part of this debate. As some of my colleagues are indicating, passions are running high on this piece of legislation, and this piece—