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.

Aboriginal Affairs

[Candice Bergen, Conservative, Parliamentary Secretary to the Minister of Public Safety]

Mr. Speaker, this government has stood for aboriginal victims and victims across this country in an unprecedented manner.

However, if that member and that party want to protect women on reserve, they need to support Bill S-2, which would empower women and let them have the matrimonial rights they are entitled to. It would empower them when they were at risk for violence.

On this side of the House, we actually act to protect women. We do not just talk about it.

Family Homes on Reserves and Matrimonial Interests or Rights Act

[Candice Bergen, Conservative, Portage—Lisgar, MB]

Mr. Speaker, tens of thousands of aboriginal women in this country are at a disadvantage when going through a divorce because they do not have the rights to real matrimonial property. Our government is correcting this situation with Bill S-2, which will not only give matrimonial property rights to women living on reserve but will also allow judges to enforce emergency protection orders in situations of family violence.

Shockingly, the opposition is not supporting this basic right for aboriginal women. They are putting political posturing ahead of these rights, rights that every other Canadian woman enjoys. This is shameful.

Our Conservative government will continue to stand up for the rights of aboriginal women. On this side of the House we do not just talk about supporting women: we take real action to make a real difference in the lives of women and to empower them during the most difficult situations, those of divorce or separation.

I call on all of the opposition to stop only talking about helping women and to actually do something by supporting Bill S-2.

Opposition Motion--Missing Aboriginal Women

[Susan Truppe, Conservative, London North Centre, ON]

Mr. Speaker, if the opposition truly wants to stand up for aboriginal women, the very first thing they should do is support our legislation, Bill S-2, to protect the rights of women and children on reserve. It is shocking that the opposition continues to oppose matrimonial property rights. For more than 25 years, first nation women have been without the legal remedies that are available to other Canadians. Our government is deeply concerned about missing and murdered aboriginal women in Canada. That is why I am asking the opposition to support our efforts to stand up for first nation women and children on reserves and give them the same matrimonial rights that we have off reserves.

[Susan Truppe, Conservative, Parliamentary Secretary for Status of Women]

Mr. Speaker, I would first reiterate my earlier statement that I do support the motion.

We have provided great support for projects to help eliminate violence against women and girls. Our government is addressing the large number of missing and murdered aboriginal women. The strategy's wide scope includes improving and better integrating law enforcement and police tools that will help to solve cases and track missing persons, and to support better victims' services and awareness programs for aboriginal communities.

Sue O'Sullivan, Federal Ombudsman for Victims of Crime, commended these actions, saying:

—what we need is more government action of this breadth and initiatives that address all aspects of the issue, from prevention and prosecution to victim support. These are the kinds of initiatives that have the most impact and that we can all support.

Our government also remains steadfast in moving forward its legislation to give aboriginal women equal property rights. Our government continues to strive to pass Bill S-2, legislation that the parties opposite have consistently opposed. If the opposition is so concerned about protecting the rights and safety of aboriginal women and children, they should join us and support this legislation.

The murder and abduction of women in this country is completely unacceptable. We will continue to move forward with a vigorous criminal justice agenda to address these issues. We encourage the opposition to support our efforts. Our government has taken several key steps to date. We have established the new National Centre for Missing Persons; improved law enforcement databases to investigate missing and murdered aboriginal women; created a national website to help identify and find missing persons; supported the development and adaptation of victims' services so they are culturally appropriate for aboriginal people; supported the development of school and community pilot projects aimed at reducing the vulnerability of young aboriginal women to violence; worked alongside aboriginal communities to develop community safety plans and developed a comprehensive list of best practices to help communities, law enforcement and justice partners in future work; and supported the development of public awareness materials to help end cycles of violence affecting aboriginal people.

All of these actions, plus many more, demonstrate that over the past seven years our Conservative government has been taking concrete steps to help all women in Canada. Through our government's actions we are striving to ensure that one day soon, violence against aboriginal women and girls, and all women and girls, is a thing of the past.

Opposition Motion—Missing Aboriginal Women

[Greg Rickford, Conservative, Kenora, ON]

Mr. Speaker, while I appreciate the hon. member's preamble and her question, I think it is important at this point to turn to the language of the motion we are debating today.

This issue has been, by the acknowledgement of the Liberal member who brought it forward, a rather unfortunate part, statistic-wise, of Canada for 30 years, and maybe longer. However, the issue for the government of the day is to demonstrate that it is taking appropriate steps both on reserve and off reserve with respect to this issue and in providing the kind of support services that first nation women need at the time and could benefit from going forward.

I have been involved in my own community with program support for the de-escalation of violence. It is something that citizens of the great city of Kenora were involved in, including first nations, and raised consciousness and awareness.

To the extent that we are having this debate today, we are taking another step forward in raising the prominence of this issue by way of the motion, which says that the issue has been around for 30 years. I would agree with that and say that it is very unfortunate.

When it comes to Bill S-2, obviously we want to look comprehensively at all the instruments available and not just in law, but also in terms of policy measures and the steps that we need to take to get there to address and end violence against aboriginal women.

[Greg Rickford, Conservative, Kenora, ON]

Mr. Speaker, perhaps this will give me a moment to respond to any sense across the way that Bill S-2 is a part of this debate. There will be a number of speeches by members on this throughout the day. Indeed, there have already been some. We need to talk about the fundamental elements that are involved in the protection of aboriginal women and children and the steps that we need to take as members of Parliament to end violence against them. I mentioned earlier that as a nurse, I had a ringside seat to some very unfortunate situations on reserve in particular.

With respect to Bill S-2, it is unacceptable as a starting point for this debate that people living on reserve are deprived of their rights and protections because of where they live. Shelters, while another essential element of the issue and one on which I could deliver a whole speech on how they fit into this debate, are only a temporary solution.

We need to look at the platform from which a strong and principled policy can and will evolve for a host of essential elements with respect to ending violence against aboriginal women, their children and families.

[David Wilks, Conservative, Kootenay—Columbia, BC]

Mr. Speaker, could the Paliamentary Secretary further expound on Bill S-2 and the importance of giving an opportunity to women on reserve to have property rights, because that seems to be an impetus for moving forward on this? I would like him to explain that a little further.

[Greg Rickford, Conservative, Kenora, ON]

Mr. Speaker, I appreciate my “neighbour's” question, if I could speak in nomenclature of neighbourhoods and the great northwest Ontario. I appreciate as well my colleague commitment to these kinds of issues in the first nation communities he has in his own riding right next door.

With respect to the Indian Act, Bill S-2 would address an issue that the Indian Act is silent on. We know that we will be debating, probably in the not too distant future, some important first steps to deal with the provisions in the Indian Act, for example, removing any reference to the Indian residential school, a dark legacy of our country that we have taken great strides to move forward from.

As well, for the purposes of this debate, the emphasis or priority ought to be on the welfare of first nation women and children living on reserve. Oftentimes they are already identified as being more vulnerable than the average Canadian. Therefore, we want to focus on the communities and certainly the towns and cities close to first nation communities, or important places where they might go for one reason or another. Enhanced preventative approaches will lead to increased flexibility, including for service providers to implement culturally appropriate and sensitive programs and protection services, which would help improve outcomes for children, youth and their families.

[Greg Rickford, Conservative, Kenora, ON]

Mr. Speaker, Bill S-2 is just one part of the actions the government has taken.

Aboriginal Affairs and Northern Development Canada takes the issue of violence against aboriginal women very seriously. We will continue to work in partnership with provincial and territorial governments and first nation people, their leaders and other stakeholders to develop effective and appropriate solutions. We continue to work to renew the family violence prevention program and policy authorities for April 1, 2013, and we consider minimizing the disruption to shelter services a key priority, as an example.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, the member has focused a lot of attention on Bill S-2. Here I think it is important to recognize that the minister's own representative noted a very important issue:

The viability and effectiveness of any legislative framework will also depend on necessary financial resources being made available for implementation of non-legislative measures.... Without these kinds of supports from the federal government, matrimonial real property protections will simply not be accessible to the vast majority of First Nation people.

The government has not provided any additional resources to help first nation governments to build the capacity needed to address the underlying issues and to meet the new obligations under the bill, including allowing their citizens to have access to the legal system and to develop new community-specific laws regarding matrimonial real property.

Given that the member wants to debate Bill S-2, would he comment on this particular issue?

[Greg Rickford, Conservative, Kenora, ON]

Mr. Speaker, thank you for that ruling.

These are foundational pieces that raise consciousness around a host of structural elements to address the broader issue that is being debated here today. As someone who has spent a professional lifetime dealing with these kinds of matters directly or indirectly, I take the position that this piece of legislation, to which I have devoted a couple of minutes, relates to this issue more directly than perhaps the member opposite feels.

However, I will continue by saying this.

Bill S-2 is informed by many years of study, consultation and debate. It is clear that this bill has been strengthened by consultation to facilitate the development of first nation laws in this area.

I believe it is our duty to adopt Bill S-2 and finally put in place a legislative solution that is long overdue. I urge the opposition parties to support us in expediting its passage.

When speaking to the committee during its review of Bill S-2, Betty Ann Lavallée, National Chief of the Congress of Aboriginal People, stated:

The bill is addressing the real human issue of an Aboriginal person, sometimes often taken for granted by other Canadians. A spouse within an Aboriginal relationship should not be denied or put out on the street alone and without any recourse because of a family or marital breakdown. That has been happening for far too long in Canada.

Given the legislative gap that exists, we do not want to be involved in a process that would make these particular folks we are discussing any more vulnerable than they may be. National Chief Lavallée recognized that Bill S-2 was ultimately about preventing abuse and discrimination, and violence against aboriginal women and children. Her words are informed by her knowledge and the often harsh realities of day-to-day life faced by some residents in first nation communities and across Canada.

I would like to highlight the testimony of two other witnesses at the Standing Committee on Human Rights, including Mary Ellen Turpel-Lafond, a child advocate, who said:

—the bill is a promising step to protect victims of domestic violence on-reserve and permits some form of asset division when relationships break down.

The following excerpt is from the testimony of Rolanda Manitowabi, a first nation woman living on reserve:

If this bill were in place, I think there would have been an option. If you are in a situation where there is domestic violence or abusive behaviour, you have no choices. When I was thrown out of my home, I had no place to go. That was my home. To this day, I continue to pay for that home. If this bill were in place, it would have given me an option or some place to go.

For more than 25 years, residents of most first nation communities have had to live with this legislative gap. For most Canadians, provincial laws exist to protect matrimonial real property rights and interests. Residents of most first nation communities, however, have no such protections. The family of an abusive spouse has no legal recourse if forced out of their family home. I believe Bill S-2 provides a solution.

That is a fundamental part of this debate and the actions that we will be taking in moving forward. We will continue to support and develop effective and appropriate solutions to end violence against aboriginal women and children. If the parties opposite also want to support aboriginal women and children, I hope they will stand with us and support measures like Bill S-2 so we can take those important steps against violence against aboriginal women.

[Greg Rickford, Conservative, Parliamentary Secretary to the Minister of Aboriginal Affairs and Northern Development]

Mr. Speaker, I am pleased to stand in my place today on behalf of the constituents of the great Kenora riding and to have the opportunity to speak to this motion brought forward by the hon. member for St. Paul's on the matter of missing and murdered aboriginal women.

This is a matter that should concern all members in the House. As the Parliamentary Secretary to the Minister of Aboriginal Affairs and Northern Development and a member of Parliament for the great Kenora riding, which includes over 40 first nations communities, many of which I have had the opportunity to work in as a nurse, and thereafter in my capacity as legal counsel specializing in areas such as health and wellness, I can say that this is an important issue. It is one that affects me, personally, and my constituents very deeply.

The government has been taking significant, concrete steps to ensure that women, children and families on reserve have access to the services they need to protect their safety and security since 2006. The Prime Minister also reiterated our commitment to addressing problems of violence against women and girls in the June 3, 2011 Speech from the Throne. More importantly, we introduced legislation for the fourth time, in 2011, to provide fairer treatment of marital property on reserve upon the dissolution of a marriage so that women living on reserve would have the same matrimonial property rights held by all other women living in Canada.

As Parliamentary Secretary to the Minister of Aboriginal Affairs, I would like to take this opportunity to talk about the steps we have taken to support aboriginal women, girls and families through the programs and services delivered through the department, such as the family violence prevention program at Aboriginal Affairs and Northern Development Canada, the first nation child and family services program, the first nation on-reserve housing program, economic security and prosperity, as well as education.

We know that many first nations communities continue to experience family violence that threatens the ability to safely raise a family.

Ensuring that shelter services and violence prevention programming are available to on-reserve communities is an important element of addressing these serious security concerns. That is why economic action plan 2012 invested significant funds to the ongoing delivery of these important services for aboriginal women and children.

We currently support a network of over 40 shelters serving aboriginal women and children living on reserve across Canada, including five new shelters in British Columbia, Alberta, Manitoba, Ontario and Quebec. These shelters are funded through the family violence program. In addition to the 41 shelters, this program funds proposal-based family violence prevention projects, which I might add have had some measurable success in communities throughout the great Kenora riding. They include counselling, public awareness, education campaigns, workshops and community needs assessments. It also reimburses some provincial and territorial costs for services provided to women, children and families considered ordinarily resident on reserve, who are accessing shelters off reserve.

We believe that the best way to address the problem of violence for aboriginal women and children is through prevention. Prevention programs and services in first nation communities must be responsive to the specific needs of the first nation member at that time. We believe that our investments in these shelters and our prevention-based approach help contribute to the enhanced safety and security of on-reserve residents, particularly aboriginal women and children.

Aboriginal Affairs also works with first nations, the National Aboriginal Circle Against Family Violence, the provinces and the territories, and other government departments, such as the Department of Justice and Status of Women Canada to coordinate family violence prevention programming. We will continue to support these programs and services because they make a real difference, a tangible difference, to the lives of aboriginal women and children who through unfortunate circumstances need them. We will continue to do this important work with our partners to ensure adequate support for the shelters and the workers providing these services.

Our government has also introduced a new, enhanced prevention-focused approach for the delivery of first nations child and family services. This new prevention-based approach will give more flexibility to the service providers to implement culturally appropriate prevention programs and protection services, such as kinship care, that are helping improve the safety and well-being of aboriginal children and their families.

These measures mean that government funding can now be used for kinship care, post-adoption subsidies and supports to better ensure permanent placements for children.

Not surprisingly, this new approach was immediately welcomed by child and family service providers, since it allows them to make programming choices for first nations children, youth and families living on reserve.

Through this approach, the Government of Canada works with ready and willing partners on a province-by-province basis. This approach is now being implemented to benefit first nations families and children on reserve across Canada.

Early indications from across the country show an increase in families accessing prevention-focused services. We have seen a rise in permanent placements of children and an increase in the use of kinship care. Clearly, these programs and investments are helping make life more safe and secure for women and children on reserve. We will continue to work in partnership with provinces to implement the enhanced prevention-focused approach to improve outcomes for first nation children and their families.

Finally, I cannot emphasize enough the importance of passing into law Bill S-2, the family homes on reserves and matrimonial interests or rights act, in order to protect the rights of women and children living on reserve. More than 25 years ago, the Supreme Court of Canada issued a landmark ruling on two cases: Derrickson v. Derrickson and Paul v. Paul. In both cases, the court ruled that the legal protections provided in provincial family law for the rights relating to real property and real property interests of spouses do not apply to people living on reserve. Since the Indian Act was silent on this issue and there were no comparable federal laws, the result is a legislative gap.

As a result, in the event of a relationship breakdown or in the death of a spouse or common-law partner, people living on reserve currently have no basic legal rights and protections when it comes to the possession of the family home or any other matrimonial real property interests or rights. Spouses do not have an equal entitlement to occupy the family home until such time as they cease to be spouses and they do not have the option of applying to the courts for emergency protection orders in situations of domestic violence.

While laws are in place to protect Canadians who live off reserve, there is no equivalent for most Canadians who live on reserves in this country. Women and children living on first nation reserve lands are already among the most vulnerable of Canadians. They have been directly affected by this legislative gap and will continue to be until a legal regime is put in place to protect them.

The Supreme Court of Canada's ruling sparked a dialogue and an increased effort to identify, develop and implement an effective solution. Over the years, a number of respected institutions, both in Canada and abroad, completed studies and analyses of relevant issues. The overwhelming conclusion of these reports was that legislation is the only effective course of action.

Bill S-2 would provide rights to matrimonial real property on reserve, the family home and, more important, would ensure that people living on the reserve have the same rights and protections as other Canadians. All Canadians should expect fairness, equity and protection of their rights under the law when it comes to matrimonial real property, regardless of where they live in Canada. The bill would finally eliminate a long-standing legislative gap that discriminates against a specific group of Canadians and has led to the suffering of many women, men and families who live on reserve.

Our government believes that this legislation is long overdue. For more than 25 years, women living on-reserve have been without access to the same basic legal rights or protections that are currently available to all other Canadian women.

This is the fourth time that we have introduced this bill since we came to government in 2006. Our government first introduced the proposed legislation in 2008, and then subsequently in 2009 and again in 2010.

However, in each case, the opposition opposed this legislation and the bill died on the order paper.

Each delay in its passage results in the continued denial of protections and rights for individuals living on-reserve, particularly for aboriginal women and children.

If the opposition truly takes the protection and safety of aboriginal women and children seriously, the very first thing they should do is support our legislation to protect the rights of women and children on-reserve. It is absolutely shameful that the opposition continues to oppose Bill S-2 on matrimonial property rights.

I want to acknowledge that there have been some other efforts to address the issues around matrimonial real property. For example, the First Nations Land Management Act requires first nations to develop laws related to matrimonial rights and interests as part of their land codes. However, while these solutions have helped those now fully operational under the first nations land management regime, Bill S-2 would ensure that all people living on first nation reserve lands have access to matrimonial real property rights on reserve.

In 2006, our government announced a national consultation process to find a solution to this legislative gap. It was conducted in collaboration with first nation partners and in total 103 consultation sessions were held at 76 different sites across Canada. Hundreds of people participated and expressed a wide range of opinions. To prepare a report and make recommendations for a legislative solution, the government also engaged a ministerial representative to report back to the minister. There was clear consensus emerging from these consultations on key elements of a legislative solution. These elements have been part of all of the legislation introduced in Parliament.

The following elements are in this two-part solution, which is both practical and sensible. First, the bill would provide first nations with the ability to develop and implement their own laws to protect the matrimonial real property rights and interests of members in their community. These laws could be based on the community's customs and traditions. The content of the laws are entirely up to the members and the first nation government, and must be approved by a community ratification process. There is no oversight role considered for the federal government.

Second, a provisional federal regime would apply once the bill was in force until such time as a first nation develops its own law. I want to emphasize the point that these provisional rules only apply to a first nation unless or until it enacts its own matrimonial real property laws under the legislation. This would ensure that laws exists to protect the rights and interests of all Canadians regardless of where they live in Canada.

Parliamentary committees have also reviewed this bill and have considered the testimony of a long list of witnesses and proposed a series of improvements—

[Lysane Blanchette-Lamothe, NDP, Pierrefonds—Dollard, QC]

Mr. Speaker, my colleague, the hon. member for Yukon, is trying to change the subject today by talking about Bill S-2.

Is my colleague from Yukon aware that most major aboriginal organizations in Canada and many first nations groups have spoken out against Bill S-2? Does he know why? In fact, I have an answer that ties in with today's debate. First nations need to be consulted and involved in any processes that concern them.

Perhaps my colleague can tell us how this was done in the case of the motion before us today.

Business of the House

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

Yes, I have a plan, Mr. Speaker.

This afternoon, we will continue today's NDP opposition day.

Tomorrow, we should finish the second reading debate on Bill C-52, Fair Rail Freight Service Act. Then, we will resume the second reading debate on Bill C-48, Technical Tax Amendments Act, 2012.

Before question period on Monday and Tuesday, the House will debate third reading of Bill C-42, Enhancing Royal Canadian Mounted Police Accountability Act. After question period those days, we will turn to second reading of Bill C-51, Safer Witnesses Act.

On Wednesday, we will debate second reading of Bill S-12, the incorporation by reference in regulations act. I do not expect that this bill, which responds to views of the Standing Joint Committee for the Scrutiny of Regulations, would need a lot of House time. I hope we can deal with it quickly. We could then turn to report stage and possible third reading of Bill S-7, the combating terrorism act.

Next Thursday shall be the fourth allotted day, which I understand will see the Liberals choosing our topic of debate.

On Friday, we will resume any unfinished debates on the bills we just mentioned, or we could also consider dealing with any of the many bills dealing with aboriginal issues. That being raised as a concern, we have Bill S-2 dealing with matrimonial property; we have another bill dealing with safe water for first nations; and we have another bill dealing with fair elections for first nations. On all of these bills we would welcome the support of the official opposition. We have not had that to date, but if we do, we can deal with them very quickly on that day. I would be delighted to do that. I will await with interest the response from the NDP.

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, I want to start by thanking everyone involved in supporting us as members of Parliament in Tuesday’s voting. Despite all of the amendments at committee and in the House, the balance of the government’s 2012 economic action plan will become law shortly.

This afternoon, the House will resume consideration of second reading of Bill C-15, the Strengthening Military Justice in the Defence of Canada Act. Once that has concluded, we will turn to report stage of Bill C-37, the Increasing Offenders' Accountability for Victims Act, Bill C-42, the Enhancing Royal Canadian Mounted Police Accountability Act, and Bill C-43, the Faster Removal of Foreign Criminals Act.

We will continue working on these bills tomorrow.

Monday shall be the seventh allotted day, which goes to the New Democrats. This gives the official opposition one last opportunity before the new year to lay out its plans and schemes for a $21.5 billion job-killing carbon tax that will raise the price of everything.

For the rest of the week, I hope to advance a lot of legislation that continues to sit on the order paper. In addition to the bills I mentioned already, we will also consider Bill C-48, the technical tax amendments act, 2012; Bill S-8, the safe drinking water for first nations act; Bill S-2, the family homes on reserves and matrimonial interests or rights act; Bill S-6, the first nations elections act; Bill S-10, the prohibiting cluster munitions act; Bill C-49, the Canadian museum of history act; Bill C-17, the Air Canada and its associates act; and Bill S-7, the combating terrorism act, once that bill has been reported back from committee next week, which I anticipate.