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.

Family Homes on Reserves and Matrimonial Interests or Rights Act

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, it is a pleasure to speak to this issue today.

Earlier, when the minister introduced the legislation, we suggested that it would be nice if, as the critic for the Liberal Party said, the minister would have the bill go to the aboriginal committee. Obviously, the minister decided against that.

Further, in a question for a member from the New Democratic Party I asked about the benefits of taking the issue outside of Ottawa and having it go into different communities.

I think what we need to acknowledge right at the very beginning is that when the legislation passes the impact will be quite significant.

With respect to the importance of first nation issues, on a number of occasions I have had the opportunity to stand to speak to many of those issues and how important it is that our first nation communities feel they are directly involved. Many, including me, would suggest that they should be playing a leadership role in the development of the legislation. I am not convinced that the government has done a good job in terms of going into our first nation communities and working in good faith with those communities.

When we talk about respecting and working with first nations, the government, in this particular case, has failed to meet that marker and as a result I believe that the legislation has some fundamental flaws in it.

The government has decided to move forward with the legislation and, as has been pointed out by the Liberal Party critic, has made the decision that, after second reading here in the House, the bill would not go to the aboriginal standing committee but to the status of women standing committee.

I think this is interesting. There was a study brought to that particular committee with respect to women and young girls and the issue of social and economic well-being, and the suggestion was that aboriginal women should be incorporated and taken into consideration. It was actually the Liberal Party's seniors critic from York West, who ultimately, through a minority report, said that the status of women committee did not do the study justice, at least in part, in not recognizing the importance of the needs of aboriginal women. Now we have the minister responsible saying that when the bill passes, it is going to that committee.

From my perspective, we have nothing against the fine work the members do at that particular committee. However, I do believe, as the critic for the Liberal Party talked about in her speech, that it is not the most appropriate committee for the bill to go to. The most appropriate committee is the aboriginal standing committee.

We say that because we want to ensure that all the interested stakeholders, and there are good number of stakeholders, have the ability to come forward, provide witnesses and comment on the bill. We ultimately believe that the aboriginal affairs committee is the best committee to ensure that we are doing the best job we can.

Further, we would suggest that if the government were genuine in its beliefs and recognized the importance of our first nations, it would recognize that given the very nature of this legislation there is merit in taking those committee meetings outside of Ottawa. Many, including me, would suggest that having that committee go into provinces such as Manitoba and others, where I know there would be a great deal of interest in being able to present and attend these committee hearings, would be of great value. It would show that the government is prepared to work with our first nation communities.

I think the worst thing we can do, and it appears to be the direction we are going, is to say that we know best. Yes, there has been some work done. I have heard a recital of the history of the bill, where it has come from and why it is here before us today. However, I do not believe we have seen the type of engagement with our first nations communities that would empower them to provide good, strong leadership so that there would be more universal support for this important legislation.

Going into these rural communities would be of great value for us because I think the legislation could be improved upon. Ultimately, it would have that much more credibility if in fact it did reach out into the communities.

I mentioned Manitoba, but I suspect it could go into a number of different provinces. Obviously I have a bias for the province of Manitoba because I believe there is a huge amount of interest there on this particular issue. That is the reason I am calling upon not only the minister responsible but also the Prime Minister to recognize the importance of this issue.

As I pointed out, the issue goes beyond splitting up assets and so forth, to the manner in which we treat first nation issues here in the House. That is why I would suggest the Prime Minister would do well to recognize that and to see Bill S-2 as a piece of legislation that could go a long way to assist in that sense of cooperation and empowerment, by at the very least taking the committee and going into these different provinces.

I would ask that the Prime Minister and the minister responsible take the Liberal Party up on the suggestion that they have the committee meetings outside of Ottawa.

Over the last few decades we have seen first-hand how laws and norms in society have changed significantly in regard to family breakups. For the most part, one will find that it has been very progressive in its changes and in ensuring there is a sense of fairness. Whenever there is a family breakup, the turmoil that is caused has a huge financial impact on everyone having to endure that breakup. It also has a significant impact, both emotionally and socially, in terms of everything from living conditions to friends who are gained or in most cases lost.

It is the lead-up to a family breakup that ultimately causes a great deal of harm. In many situations, and this is a point that really has not been emphasized this morning, because of uncertainly, quite often family situations remain intact because of the threat of the unknown or what is going to happen with the house or living conditions. That is, if people were to leave a relationship, what would be the ramifications of that decision?

That tells me there is a need to provide clarity and for us to look at ways in which we can improve the situation. If we were to work with the first nations and the leadership within first nations, we would find they too have answers and solutions to many of the problems that are caused within family units when a family unit has to break up. We have to be sensitive to the differences, for instance, between reserve property versus property that is outside the reserve.

From a personal point of view, we have to ensure that women and children are protected to the nth degree when it comes to family breakups. All members of the House support taking measures that ultimately ensure there is a sense of fairness and that ensure people are out of abusive relationships. There is a sense of equality, but there are ways to do it and ways not to do it. I would suggest that the government has missed the mark on it. Therefore, I know the Liberal Party is not going to support the bill, for a number of reasons. The government has not been able to get the type of support for the legislation that one would have expected it to get, in particular from first nations.

The other point I want to pick up on is the issue of government policies and the types of things government does or does not do that have a significant impact on the family unit. Over the years, I have experienced different types of government policies and their impact. When sufficient resources are not provided for housing, that will have an impact. If we do not provide or encourage sufficient economic development in certain areas, it does have an impact on the family unit. We have to ask what impact government policy is having on keeping families together with regard to the types of policies we develop and programs we provide. Are they helping or are they hurting? Whether it is keeping a family together, or in the case where a family does break up, to what degree is the government supporting families that have to break up?

I would suggest that the government can do more. One of the more common issues I have had to deal with in the past is an excellent example, and it is the issue of gaming and the profound impact it has had on the province of Manitoba. When gaming first came to Manitoba, which was one of the first provinces to get into the whole gaming industry, the province was totally amazed at the amount of revenue it started to generate.

Through that revenue, it seemed to get a lot of public support. We are talking about hundreds of millions of dollars in revenue, and the government was more than happy to take in that money. However, what the government did not recognize was the negative impact of gaming policy. The reason I use “gaming policy” is because this is 100% government policy. When we talk about government policy and the way it impacts people in a real and tangible way, this is a great example. The government gets addicted to the revenues but fails to recognize the social costs.

I had the opportunity to be the critic for lotteries in the province of Manitoba many years ago. We would hear of cases which would ultimately involve families breaking up. We would have people becoming addicted to gaming. As opposed to providing food for their families, they would spend their money in the LT machines. We had young children in the parking lots of large casinos and the parents were inside the casinos spending money. The social costs involve everything from suicides, to breaking up of families to individuals ending up in jail because they steal in order to feed their addiction. One might ask how that relates to this particular bill. I suggest that we would have a lot more family unity if there were a more progressive way of looking at government policy and how that policy affects our communities.

The aboriginal community, in this situation, has been profoundly affected. I have had the opportunity to gain first-hand experience of how that policy has ultimately led to family breakup. I see governments taking action in what would appear to be an arbitrary fashion, taking it upon themselves because we have not seen the leadership coming from our first nations. We know the first nations want to be engaged, but we do not see the government seeking that engagement. The first nations leadership, even though I am sure it would welcome some of the issues this bill would deal with being resolved, is equally concerned about some of those other issues. That is why there is great value in having more of those stakeholders involved. It is not just one focus.

This legislation is focused purely on the breaking up of families and how the government is prepared to assist in that. It fails to recognize there are other things the government could be doing that would assist families, whether keeping them together or allowing them to break up. At the end of the day, I am hopeful the Conservatives will recognize that the government has a strong role to play in both situations. This particular piece of legislation does not have the type of support that is necessary to go to committee because the Conservatives do not have support from our aboriginal community. Unfortunately, because they have a majority, I believe the bill will ultimately get to committee, and even though it is the wrong committee, we ask that the Conservatives seriously consider going into the communities so they can hear about the family breakups and some of the government policies that ultimately contribute to that.

[Joyce Bateman, Conservative, Winnipeg South Centre, MB]

Mr. Speaker, I very much appreciate the discussion we are having today. I am proud to be part of a government that wants rights for all women, not just some women.

I am concerned by the comments that were just made by the hon. member opposite. I am concerned he is not aware there was a national consultation process that informed the development of the legislation we are dealing with today. The consultation process involved 103 sessions, in 76 sites, across Canada. Over $8 million was spent on that process and it involved multiple organizations, including Aboriginal Affairs and Northern Development Canada, the Native Women's Association of Canada and the Assembly of First Nations, each of which received $2.7 million for their participation in those consultations.

These consultations were held because this is a government that cares about the rights of all women. The consultations and development of the legislation itself responds to domestic and international studies. I am very concerned that my hon. colleague is not aware of this investment. I think it is very important.

I want to ask the member whether he is aware that these many organizations have each received $2.7 million as part of the consultation process. We have consulted for 25 years and it is time to act for all women. I want the member's perspective on that.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, what I was hoping to do was to touch on something a little different regarding the concept that government does do many things in terms of policy that has an impact on the family unit.

I do appreciate what the member is saying. Having said that, we are looking for the government to go to the first nations of our country and empower them, not only to be able to contribute to the debate on this very important issue, but also to challenge them to provide the leadership on this debate. I believe the leadership from within our first nations communities is there, and there is a great deal of good will to deal with the issues this piece of legislation is attempting to deal with.

The proof is ultimately in the pudding, I would suggest. I would ask for government members to provide us, for example, with letters or correspondence from first nations leaders, in particular chiefs and others, saying this is a piece of legislation that the first nations are behind and they want the House of Commons to support it.

Even in that sort of a situation, I am sure we would find they would love to see this go into the rural communities outside of Ottawa where they could make a presentation to the committee itself.

[Carol Hughes, NDP, Algoma—Manitoulin—Kapuskasing, ON]

Mr. Speaker, I appreciate the comments from the hon. member.

When we look at what was just said and the question that was asked by the Conservatives, we can see they are putting a dollar figure on consultation that shows how they are really not in touch with the issues of first nations. They should consider what colonialization has done to the first nations, Métis people and Inuit people.

I want to bring attention to the fact that Chief Shining Turtle from the Whitefish River First Nation has sent over 11,000 emails and letters to the ministers over the years on this specific issue. He says that Whitefish River First Nation has the inherent right to self-government. All first nations have the inherent right to self-government, as recognized by section 35 of the Canadian Constitution Act, 1982, which includes independent jurisdiction with regard to family law and real property for their citizens.

Then he goes on to say that the Royal Commission on Aboriginal Peoples described the family, in chapter 2, and that the solution is obvious: aboriginal communities should be able to legislate in the area of matrimonial real property, and federal and provincial governments should acknowledge the authority of aboriginal governments to adopt laws with regard to the matrimonial home and to establish family law regimes compatible with their culture and traditions.

This is a first nation that has implemented a matrimonial real property act. Does the member agree that if provided with the proper tools, first nations could actually take this on and tackle this themselves?

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I appreciate the question and even the reference to the 1982 constitutional accord. We could talk about other accords of social significance, like the Kelowna accord.

The bottom line and one of the reasons I challenged the Prime Minister is that we need to recognize this as substantially a first nations issue. As such, we should be looking at ways to empower and enable first nations to demonstrate leadership in dealing with issues of this nature. That means legitimate engagement of first nations. I am not at all convinced that the government was successful at doing that, which is why it does not have the type of support it needs from first nations for this legislation.

If the government had reached out or attempted to legitimately engage them, the situation would be quite different and we would have seen that strong leadership that I know is there within first nations, but was never allowed to come to the table on this particular bill.

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

Mr. Speaker, a couple of speakers ago, one of the members opposite mentioned that the bill would allow provincial laws to be applied on reserve. That is actually false. The legislation would not incorporate provincial and territorial laws relating to matrimonial real property on reserve. The bill only provides that either the provisional federal rules or first nations laws would apply on reserve.

On another note, I would point out that in January I was honoured and privileged to have been married for 25 years. However, rest assured, the people who know me know that I would certainly go after my assets, or 50% of my house, if anything ever happened to my marriage. It is not fair that aboriginal women do not have that choice and chance to go after their assets.

Will the member opposite not support aboriginal women so they too will have these rights?

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I can assure the member that I really and truly do support women of all ethnicities, including our first nations women, having equal rights. That is important in today's society.

However, we have to look at this legislation. Again, I challenged the Prime Minister to look at the legislation. If he really wants to make significant progress in this area, the best way to do that is to empower and work with first nations to demonstrate the leadership they have from within to resolve this issue.

If the Prime Minister really were interested in doing that, we would see a far more effective piece of legislation. The very rights the parliamentary secretary is referring to, women's rights, would then in fact be better protected. If the government tries to do it on its own and just say that it held some consultations and is now ready to move forward without allowing first nations to demonstrate their leadership, it is selling those rights short.

It is still not too late. There are things the government can do to approach our first nations. If it did that, it could ultimately bring forward legislation that could receive much better and broader support. No doubt, however, there would have to some changes to it.

At the very least, let us encourage and provide the opportunity for first nations leaders to come to the table and provide the leadership on this very important issue.

[Laurin Liu, NDP, Rivière-des-Mille-Îles, QC]

Mr. Speaker, I listened with great pleasure to the speeches by my colleagues here in the House. I am pleased to speak today to Bill S-2 regarding family real property on reserves.

From a technical point of view, the bill provides that a first nations community is authorized to adopt legislation “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”.

The provisional federal rules set out in the bill would apply until a first nations group brings their own laws into force.

I acknowledge that the bill is well intentioned: it is meant to fill a legal vacuum in the field of matrimonial law and to grant equal property rights to both spouses in the event of their separation. However, we know what the Conservatives are like. They conducted consultations just to be seen to be doing something; they ignored many serious studies into the matter and they ended up introducing a defective bill that has been rejected by the main first nations spokespersons.

Earlier in the day in this debate, we heard a Conservative member put a price on the consultations. She told us how much the consultations had cost. However, the Conservatives retained hardly any of the recommendations that were made during the consultations, so they were obviously only a facade. It is an enormous mess as only the Conservatives can create.

Before going into greater detail about the reasons why we oppose the bill, I would like to tell the people who are listening to us about the problem we are facing.

Right now, when a couple divorces, the division of family property, such as the house and the couple's personal property, is determined by provincial legislation. Subsection 92(13) of the Constitution Act, 1867 provides that property and civil rights are under provincial jurisdiction. However, under subsection 91(24) of the Constitution, the Parliament of Canada has exclusive legislative jurisdiction over Indians and lands reserved for Indians. Therefore, provincial laws are not applicable to the division of property on the reserves. In 1986, in the Derrickson case, the Supreme Court of Canada created a legal vacuum when it ruled that the courts could not rely on provincial law when determining the division of matrimonial real property on reserves.

The absence of provisions both at the federal and provincial levels with regard to the division of matrimonial real property on reserves is a problem, because the people who live on reserves cannot appeal to the Canadian legal system to resolve issues relating to the division of property when a marriage has broken down. It is usually our aboriginal sisters who bear the costs of this legal vacuum. As Beverley Jacobs, the president of the Native Women's Association of Canada, said so clearly, “the lack of a matrimonial property law regime is a denial of women's equality.”

Bob Watts of the Assembly of First Nations spoke about the problem that this poses for women. He said:

While the lack of a legal regime to govern the disposition of matrimonial real property on reserve is a serious human rights issue that must be addressed, this legislative gap merely represents the tip of a much greater iceberg. The legislative gap in matrimonial real property rights on reserve lands is exacerbated by chronic housing shortages that exist on most reserves and difficulties in securing financing to purchase or construct alternative housing on reserve upon marital breakdown, in part due to the restrictions in the Indian Act against mortgaging reserve lands. These factors play an equal if not greater role in imposing hardship on first nation families, and in particular on women and children, who are often forced to relocate to off-reserve locations upon marital breakdown, particularly if domestic violence was a factor contributing to the breakdown in marriage.

Most stakeholders who expressed their opinions in the various forums agree that the status quo is no longer an option. Yet, Bill S-2 does not meet the needs of the first nations, who are speaking out against the lack of consultation, the lack of recognition of the first nations' inherent jurisdiction over matrimonial law, and the need to improve access to the justice system and to alternative dispute-resolution mechanisms.

In May 2009, the Native Women's Association of Canada and the Assembly of First Nations published a joint statement to make known their opposition to the bill. The statement pertained to Bill C-8, Bill S-2's predecessor. However, in the end, nothing has really changed. I would like to cite an excerpt from that statement:

NWAC and the AFN (including the AFN Women’s Council), all agree that [the bill] ...will do nothing to solve the problems associated with Matrimonial Real Property (MRP) on-reserve; that the federal government failed in its duty to consult and accommodate the views of first nations; and, as a result, the bill is fatally flawed and cannot be fixed. It should not proceed to committee.

I believe that their point of view is fairly clear. Even though this is the fourth version of this bill and many studies were conducted in this regard, aboriginal people and legal experts who are interested in this issue are concerned that the Conservative government is trying to ram this bill through.

Pam Palmater, who teaches aboriginal law at Ryerson University, has criticized the government's haste: [Aboriginal Affairs and Northern Development Canada] appears to be rushing this legislation through the process by introducing multiple bills in the House and the Senate at the same time. This does not allow sufficient time for most first nation communities to become informed or to determine how best to advocate on their own behalf. It is therefore critical that this committee see the issue in its broader context and why first nations are making their right to be consulted such a priority in their submissions before you.

I would also like to remind members that, according to the UN Declaration on the Rights of Indigenous Peoples, which Canada has agreed to honour, consultation implies the consent of the people consulted. This point is very important. Although Canada did undertake limited consultations, no consent was given by aboriginal representatives. I would like to emphasize this point. In our opinion, if Bill S-2 is passed without the consent of the principal parties, we will be violating article 32 of the UN Declaration on the Rights of Indigenous Peoples, which requires the free, prior and informed consent of the rights holders.

Aboriginal women in particular have spoken out against Bill S-2. They believe that it will only force families to resort to the provincial court. That is not a solution because it is too expensive for many families. Seeking remedies in provincial court, when accessible, can place another financial burden on members of first nations who divorce. The fact is that the bill could create additional obstacles for members of first nations who seek justice, and it will not provide effective recourse for people seeking compensation.

The Conservative members on the other side of the House may claim that they defend women's rights but, as we know, aboriginal women have already condemned this bill. I urge my Conservative colleagues to listen to those who are truly concerned and who will be affected by this bill.

The president of the Native Women's Association of Canada, Beverley Jacobs, is very worried. She believes that:

[The Conservatives' bill] will put women who are experiencing family violence at further risk by forcing them to wait long periods for justice without adequate social supports, services or shelters.

Need I remind the House that, according to Statistics Canada, 35% of aboriginal women have been victims of violence, and first nations women suffer three times as much violence as non-aboriginal women and are overrepresented among homicide victims? Those are very alarming statistics. I would note that the Native Women’s Association of Canada estimates that 510 aboriginal girls and women have disappeared or been murdered since 1980, and this is far too many.

I find the lack of political will on the part of the Liberals and Conservatives, when it comes to the housing problem facing the first nations, particularly egregious. We have to understand that the shortage of decent, affordable housing on reserves is closely tied to the division of property on divorce.

At present, because of a legal vacuum, women have no rights when their marriage breaks down. That means they have no choice but to leave their home. There is no vacant, healthy housing on the reserves. As a result, some women are forced to leave their reserve.

Like the first nations, we will again be opposing this bill. In fact, we will not support any legislation concerning matrimonial real property unless it is accompanied by non-legislative solutions to put an end to violence against aboriginal women, addresses the housing crisis on reserves and ends the systematic discrimination in funding for first nations children.

In closing, I would like to tell the House about recommendations made by the Native Women’s Association of Canada and the Assembly of First Nations. I hope my Conservative colleagues will listen to these recommendations.

A report entitled “Walking Arm-In-Arm to Resolve the Issue of On-Reserve Matrimonial Real Property” was published in 2005.

It made five recommendations. It recommended that the NWAC and the AFN be consulted on developing new legislation or amending the Indian Act; that financial aid be provided to first nations to develop their own matrimonial real property codes; that any new legislation not apply to first nations that had developed their own code; that the Canadian Human Rights Act be amended to apply to individuals living on reserves; and that Canada recognize the first nations’ inherent right of self-government.

Clearly, the Conservatives did not listen to those recommendations and their consultations were a mere passing fancy. That is how the Conservatives do things: they introduce bills on which there has been no consultation whatsoever of the people affected by the measures in the bill.

I will be very happy to take questions from my hon. colleagues.

[Michelle Rempel, Conservative, Parliamentary Secretary to the Minister of the Environment]

Mr. Speaker, women on reserve are estimated to be five times more likely to be killed than other women in our country. Without this law, judges cannot use emergency protection orders to order the abuser out of the house in situations of domestic violence. This means a woman in an abusive situation on a reserve has to leave her house.

If this were me in that situation, or any of my female colleagues standing in the House today, we would all take up arms to support this cause.

We are here to support those without a voice. This law gives them a voice. Why does my colleague refuse to support giving a voice to aboriginal women in this regard?

[Laurin Liu, NDP, Rivière-des-Mille-Îles, QC]

Mr. Speaker, I thank the hon. member for her question.

On the contrary, the Conservatives are the ones who refuse to give aboriginal women a voice and who refuse to consider the recommendations made by groups that represent aboriginal women.

I would like to repeat what Ellen Gabriel said. She is the former president of Quebec Native Women's Association and she is a candidate for the position of grand chief of the AFN. She said that it is reprehensible that the Government of Canada is so eager to pass legislation that seriously impacts the collective rights of indigenous peoples without adequate consultations which require the free, prior and informed consent of aboriginal peoples. She added that, since this legislation will not be accompanied by commitments to adequate financial and human resources necessary to implement this legislation, these bills will create further financial hardships on first nations communities.

I urge the hon. member to listen to the people involved and to consider the opinion of aboriginal women.

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

Mr. Speaker, I congratulate my colleague on her very informative and well-thought-out speech. I would like to talk more about the consultation that did take place.

One of the flaws in the bill before us is that there is a lack of consultation, particularly consultation of aboriginal communities. I remind the House that in 2004, the Supreme Court of Canada, in Haida Nation v. British Columbia, pointed out there are criteria for effective consultations. There must be a mutual commitment, based on mutual respect, to ensure that the consultation results in sound decisions, and that the consultation process is transparent.

We have heard aboriginal communities tell us many times that the consultation was insufficient—especially in light of the criteria set out by the Supreme Court of Canada. Could my colleague speak to the ineffectiveness of the consultation?

[Laurin Liu, NDP, Rivière-des-Mille-Îles, QC]

Mr. Speaker, we know that this is common practice for the Conservatives. In fact, they often say that they have held consultations but then do not take into account any of the resulting recommendations. They do not listen to Canadians. They do not listen to the first nations or to visible minorities, the people who are often the most marginalized in our society. My colleague raised a very important point.

I would also like to quote a witness who appeared before the Standing Senate Committee on Human Rights, Jody Wilson-Raybould, the Assembly of First Nations regional chief of British Columbia, who indicated that the Conservatives' approach poses a number of problems. She said:

The third area identified during our dialogue sessions is the need to address the underlying issues that led to the disputes in the first place. Providing better prevention support as well as adequate emergency and second-stage housing has been identified as a requirement. This reiterates the need for a holistic approach driven by the community to sustain effective remedies. Without attention to the implementation, and supporting safe and strong communities, legislative reform in and of itself cannot significantly improve the lives of our communities and our people.

I therefore urge the Conservative government to take steps to truly improve the lives of aboriginal people instead of holding consultations that are really just for show.

[The Acting Speaker, Barry Devolin]

The time provided for government orders has expired. The House will now proceed to statements by members.

The hon. member for Richmond—Arthabaska.

The House resumed from November 1 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 second time and referred to a committee.

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

Mr. Speaker, I am proud to rise in support of Bill S-2, the family homes on reserves and matrimonial interests or rights act. This legislation proposes to fill a legislative void that has harmed women, men, children and families living on reserves for far too long. Bill S-2 would provide individuals living on reserves the similar matrimonial real property rights and protections as other Canadians living off reserve. Recognizing the diversity of first nations, it would empower communities to develop their own culturally-specific matrimonial real property laws.

The proposed legislation is informed by many years of study, consultation and debate. It builds on previous attempts to enact similar legislation and was substantially altered before its introduction in Parliament to further strengthen the bill and facilitate the development of first nation laws in this area. Bill S-2 would provide an opportunity to finally put in place a legislative solution to a very real problem. Each delay in its passage results in the continued denial of protections and rights for individuals living on reserves.

I now move:

That this question be now put.