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

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

Mr. Speaker, I am honoured to be able to ask the Minister for Status of Women a question that would help vulnerable women on reserves, not only in the London area but all across Canada. I have heard from women in my riding and they have told me that the bill is needed now more than ever. I am proud of the many women's groups in my city of London that work tirelessly to promote and strengthen women's rights. This bill would accomplish both.

Can the Minister for Status of Women please explain to the House why it is so important that we move ahead with Bill S-2?

[Rona Ambrose, Conservative, Edmonton—Spruce Grove, AB]

Mr. Speaker, I hope the hon. member's comments mean that she will support an end to this human rights gap and she will support Bill S-2 to ensure that aboriginal women living on reserve will finally have protection under the law, as do other women who live off reserve.

I know the hon. member is a woman who believes in women's rights, as I do, so I cannot imagine that she does not share my concern that, for this many years, since the Supreme Court ruled 25 years ago, this legislative gap has existed. I cannot imagine that she will not support Bill S-2.

There have been attempts to go the non-legislative route. The hon. member knows that. There have been attempts to encourage and in many ways to work with first nations to ensure that matrimonial property rights are addressed on reserve. Unfortunately, there are very few first nations that have achieved that.

We are now at a place where I think we have to act. There are women, as the hon. member well knows, who encounter severe violence on reserves every day. These aboriginal women need us to act.

This is a legislative gap that has been identified by not only domestic but international human rights bodies as something we have to address. As a woman who believes in equality for women, it is unacceptable to me that aboriginal women do not have the same protections on reserve as women who live off reserve. It is time that ends.

[Rona Ambrose, Conservative, Minister of Public Works and Government Services and Minister for Status of Women]

moved 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.

Mr. Speaker, thank you for the opportunity to speak today in support of Bill S-2, the Family Homes on Reserves and Matrimonial Interests or Rights Act .

I am thankful for the opportunity to speak today in support of Bill S-2, the family homes on reserves and matrimonial interests or rights act, a very important piece of legislation for aboriginal women.

I want to focus today on a key element of the bill, namely the provision that allows for emergency protection orders in situations of family violence affecting aboriginal women on reserve.

Court order protection from domestic violence has long been available to Canadian women living off reserve. It has long been recognized, by law enforcement and those working to address violence against women and girls, as critical to the safety of women.

Simply put, access to emergency protection orders saves lives. Extending these same rights to aboriginal women living on reserve will save more of them.

I draw the attention of the House to what the latest addition of Statistics Canada's Women in Canada report states with respect to spousal violence against aboriginal women:

Previous studies have shown that higher proportions of Aboriginal women experience spousal violence compared to non-Aboriginal women....

In 2009...15% of Aboriginal women who had a spouse or common-law partner reported that they had experienced spousal violence in the previous five years. In the case of non-Aboriginal women the proportion was 6%....

The report goes on to state:

There is evidence that many Aboriginal women who are victims of spousal violence experience severe and potentially life threatening violence.

In fact, the Statistics Canada report stated that:

In 2009, 58% of Aboriginal women who experienced spousal violence reported that they had sustained an injury compared to 41% of non-Aboriginal women.

It goes on to state:

Almost half (48%) of Aboriginal women who had experienced spousal violence reported that they had been sexually assaulted, beaten, choked, or threatened with a gun or knife. A similar proportion...[just over 50%] of Aboriginal women who had been victims of spousal violence also reported that there were times when they feared for their life.

All of us have heard the statistic that aboriginal women are five times more likely to be murdered than non-aboriginal women. Those are the cold, hard, ugly facts about the situation aboriginal women face day in and day out with, at the very least, the same protection afforded to women who live off reserve.

It is no secret that many of these women are forced to flee their homes and communities to escape violence. Many end up homeless, alone and even more vulnerable than before. They become vulnerable to trafficking and further abuse and violence.

If it is possible to enforce emergency protection orders, abusers can be ordered to leave the home and women can stay in the home. The ability to remain in their home would ensure that aboriginal women on reserves could continue to care for their children, could access the support of the community around them, but most importantly, could escape violence.

Let me be clear. Today there are no protections for aboriginal women living on reserve. This means that, in the case of domestic violence and physical abuse, a court cannot order the spouse who holds the interest in the reserve home, which is almost always the man, to leave the home even on a temporary basis. The spouse who holds the interest in the on-reserve home, which is almost always the man, can sell an on-reserve family home and keep all of the money. As well, the spouse who holds the interest in the on-reserve home, which is almost always the man, can also bar the other from the on-reserve family home.

The proposed legislation in front of us would provide basic rights and protections with respect to the fair division of the family home to on-reserve aboriginal individuals facing the breakdown of a relationship or the death of a spouse. The legislation would also provide protection for women in the event of family violence. These rights and protections are available to all other Canadians through provincial and territorial laws, which of course cannot be applied on reserves.

It is unacceptable that first nations people, especially women, do not have access to the same protections simply because of where they live. This proposed legislation would offer protection to more than 100,000 individuals who are currently living without legal matrimonial real property protection. This is a very important change, but it is also a very big change, so it is planned that the implementation of this legislation would also include education and training for key officials, including police officers on reserve and judges. It is also planned that there would be a public education and awareness campaign.

I would like to take a moment to look at the history of women's property rights, because historically a woman's property was under the control of her father, or if she was married, it was under the control of her husband. This issue first began to be discussed in the 1850s in both England and France. In Europe, of course, the law sided with men, who provided women protection but not equality.

In the United States at the same time, women themselves began to speak out about the most important civil rights challenges that were facing women in that day. In Canada at the turn of the century, where marriage is a provincial matter, of course, most women still saw their property rights transferred to their husbands when they got married. However in 1911, the provinces began to examine the issue of a woman's right to property ownership after marriage dissolution. Married women in Manitoba, P.E.I. and Saskatchewan were finally permitted the same legal capacity as men with regard to their property.

I have to say that, in my role as Minister for Status of Women, I find it difficult to accept that 100 years later aboriginal women living on reserve have not yet achieved the same rights. More than 25 years have passed since the Supreme Court of Canada issued a landmark ruling on two cases that are very important to this issue: Derrickson v. Derrickson and Paul v. Paul.

In its 1986 landmark decision on Derrickson v. Derrickson, the Supreme Court of Canada stated that courts cannot rely on provincial law to order the division of matrimonial real property on reserves. In doing so, the court underlined a legislative gap that has since meant that women residing on reserves and facing the breakdown of a relationship have not been able to access the Canadian legal system to resolve matters concerning their real property.

In other words, aboriginal women who live on reserve do not have rights to property or protection on reserve. They are frankly being denied their very basic human rights, and we believe this must end. Without access to the same rights shared by other Canadian women, these women have been left vulnerable for far too long. Until on-reserve matrimonial real property laws are in place, aboriginal women who are living on reserve will continue to face the reality that in the event of spousal violence, separation, divorce or death, the law does not protect their property. It does not protect their interests. It does not protect their rights, but most fundamentally, it does not protect their safety.

The Supreme Court of Canada's ruling did spark a dialogue and a larger effort to identify, develop and implement an effective solution. Over the years there have been a number of respected institutions, both in Canada and abroad, that have completed studies and analysis of relevant issues in this subject matter. Since 1986, a host of both domestic and international human rights bodies have studied, referenced and called for action on this matter.

The United Nations Committee on the Elimination of Discrimination Against Women is one of them. The Standing Senate Committee on Human Rights, the House Standing Committee on Aboriginal Affairs and Northern Development, the House Standing Committee on the Status of Women, the Aboriginal Justice Inquiry of Manitoba and the Royal Commission on Aboriginal Peoples have all studied this issue. The overwhelming conclusion of these reports was that legislation is the only effective solution and the only course of action.

With this bill, the family homes on reserves and matrimonial interests or rights act, I am proud that our government is moving to tackle this critical issue. It is not just for aboriginal women and children on reserve but also as an important part of the continued fight for equal rights for all women. This legislation would finally eliminate the longstanding human rights gap and in doing so contribute to the end of the suffering of many women and families who live on reserve.

I do want to acknowledge that there have been some efforts to address the issue of matrimonial property rights already by first nations. The First Nations Land Management Act does require first nations to develop laws related to matrimonial property rights and interests as part of their own land codes that they are developing. However, while these solutions have helped a handful of first nations, Bill S-2 would ensure that all women and individuals living on first nations reserves would have access not only to emergency protection orders to ensure their safety and security but also to equal matrimonial real property.

In 2005, the Government of Canada initiated preliminary consultations on this issue. In 2006, we announced a national consultation process to find a solution to fill this legislative gap. This consultation process was conducted in collaboration with the Assembly of First Nations and the Native Women's Association of Canada, so that they could engage and consult with individual aboriginal communities across Canada.

Along with these sessions, Aboriginal Affairs and Northern Development Canada held consultations with and provided funding to a wide range of other aboriginal organizations. This is an important point because aboriginal women have waited for 25 years to see this type of protection, and it is a big change. The government has recognized this. There has been opposition to it by some parties. However, let us remember that, in total, to date, 103 consultation sessions have been held at 76 different sites across Canada. Hundreds of people have 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, a respected entrepreneur and former first nation chief.

Due to the complexity of this issue and of course the diversity of views, consensus could not be reached on every aspect of what the legislation should entail. Consensus did emerge, though, on the key elements of a legislative solution. These elements, I am happy to say, are all part of the legislation that is being introduced to Parliament, which is Bill S-2.

One of these elements is a two-part solution that is both practical and sensible. First, the bill would allow for first nations to develop and implement their own laws to protect the matrimonial real property rights and interests of community residents. These laws could be based on the community's tradition. The content of the laws would be entirely between the members of the first nation government, and must be approved by a community ratification process. The second part of the solution is a provisional federal regime that would apply, once in force, until the time the first nations develop their own laws.

I want to emphasize the point that these provisional rules would apply to first nations unless or until they enact their own matrimonial real property laws under this legislation. This would ensure that laws exist to protect the rights and interests of all Canadians, regardless of where they live in Canada.

As well, parliamentary committees reviewing these bills have considered the testimonies of a long list of witnesses and proposed a series of improvements. All of these amendments are also in Bill S-2.

The simple fact is that the legislation now before us represents the culmination of decades of work to find an effective solution. Now is the time to implement this solution. Aboriginal women who have lived on reserve have waited too long.

Bill S-2 also includes additional improvements that were made to the bill prior to its introduction in September of 2011. These improvements respond directly to concerns that were raised by stakeholders.

Bill S-2 also features another improvement over previous versions, a significantly lower ratification threshold. Several witnesses who appeared before committee expressed serious concerns about the ability of some first nations to engage enough voters to secure a meaningful result under a double majority, which requires that a majority of eligible voters must vote and that a majority of those who vote must vote in favour. Now, with the changes that we have made, a first nations council would be responsible for informing its members of the content of its laws and secure the approval of a majority of voters. It must also inform the minister of the results and provide a copy of the approved law to the minister, any organization that may be designated by the minister and the respective attorney general.

More important, I think the changes we have made to Bill S-2 are consistent with the direction this government is taking in terms of diminishing the role of the federal government in the day-to-day administration of first nations and handing those responsibilities over to first nations, where it belongs.

Finally, when the Senate adopted Bill S-2, it did so with two additional changes that would allow judges to extend emergency protection orders beyond 90 days. This would allow judges to exercise discretion on the duration of the order upon the rehearing of the case or when changing or revoking emergency protection orders. This is very important for the safety and security of aboriginal women living on reserve.

The Senate passed Bill S-2, as amended, on December 1, 2011. Bill S-2 is informed by many years of study, consultation and debate. The proposed legislation builds on previous attempts to enact similar legislation. It incorporates a series of amendments adopted by parliamentary committees in response to stakeholder testimony, and was substantially altered before its introduction into this Parliament to further strengthen the bill and 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, which is long overdue, to support aboriginal women on reserve.

I also want to point out that some of the criticisms raised of the bill are based on false information. For instance, some people believe that the proposed legislation could take away the property rights of first nations. The view that a non-member of a first nation could gain ownership of reserve lands is completely false.

The bill, in clause 5, explicitly states:

(a) title to reserve lands is not affected by this act; (b) reserve lands continue to be set apart for the use and benefit of the First Nation for which they were set apart; and (c) reserve lands continue to be lands reserved for the Indians within the meaning of Class 24 of section 91 of the Constitution Act, 1867.

The legislation is very clear. At no point would the collective ownership of first nation lands be jeopardized under Bill S-2.

Another criticism refers to what is actually not in the bill, namely that Bill S-2 does not include specific funding to improve access to the courts, to emergency family shelters and to on-reserve housing. Bill S-2 is not about policy or funding levels. It is about eliminating a cause of injustice and closing a legal loophole that creates inequality and leaves aboriginal women vulnerable. It is about ensuring all Canadians, whether they live on or off reserve, have similar protections and rights when it comes to family homes, matrimony interests, security and safety.

Consider the testimony provided by one aboriginal leader before committee during its review of Bill S-2. This is what Betty Ann Lavallée, national chief of the Congress of Aboriginal Peoples, had to say. She said:

[Bill S-2] is addressing the real human issue of an aboriginal person, something taken for granted by all 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 in Canada for far too long.

National Chief Lavallée recognizes that Bill S-2 is ultimately about preventing abuse and discrimination. Her words are informed by her knowledge of the often harsh realities of day-to-day life faced by many women residents of first nation communities.

I agree completely with Chief Lavallée's eloquent words and I believe that Bill S-2 strikes an appropriate balance between individual and collective rights.

Here again I must return to my role as the Minister for Status of Women. We also know that this issue is critical to future generations of aboriginal children. We are working hard to advance equality for women and to remove the barriers to women's participation in society and eliminate violence against women. This includes aboriginal women.

As the Minister for Status of Women I am very concerned with the pattern of violence against aboriginal women and the impact it has on the families and the communities who suffer from it. Today we have a chance to make a change. This issue is a responsibility that we all share and by working together we can better address it.

I call on my colleagues in the House to support the legislation. For more than 25 years women living on first nations communities have had to live with this human rights gap. For most Canadians that protection exists. For women on reserve, that protection does not exist.

I call on all of my colleagues in the House to move this forward and end this human rights gap once and for all for aboriginal women living on reserve.

Business of the House

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

Mr. Speaker, I did want to be in accord with the official opposition and NDP House leader. However, my disappointment was that before we started debate on Bill C-45, what we first encountered was a delay tactic in the form of a concurrence motion brought by the Liberal Party. Indeed, that was very disappointing to us and a surprise because Bill C-45 is important. It is the government's top legislative priority for this fall. All parties know that. He is quite right that I did want to see it debated in substance in the House rather than see those kinds of tactics to avoid debate.

Bill C-45's measures will further Canada's economic recovery and ensure the foundation for more good-quality jobs on top of the over 820,000 net new jobs we have already had. It includes an extension of the highly successful small business hiring credit that is directly helping Canadian entrepreneurs create new jobs.

Unfortunately, we have seen the NDP take an anti-job creation position. Believe it or not, the NDP finance critic actually dismissed the hiring credit as yet again another across-the-board cut for small businesses.

We want to see taxes lowered. We do not want to see higher taxes or an NDP carbon tax. That is why we have a budget bill that keeps those taxes low.

I am pleased to say that we will be voting on C-45 on Tuesday night at second reading, which will give us the opportunity to send it to the finance committee for consideration. The parliamentary secretary for finance has made it clear that she will ask the finance committee to ask, I believe, 10 other committees to study elements of the bill and potentially make recommendations with respect to changes or adopt its contents. The opposition and government members are free to make amendments at committee based on their own study as well as on the studies of those other committees. Therefore, there will be ample study of the bill and that is good for all.

Bill C-45 will continue to be debated this afternoon, tomorrow, Monday, and Tuesday. As I said, the vote on the bill will take place on Tuesday evening.

On Wednesday, we will take up report stage—and, hopefully, third reading—of Bill C-28, the Financial Literacy Leader Act. Should we be able to make quick work of that debate, the House will take up Bill C-12, the Safeguarding Canadians' Personal Information Act, at second reading.

On Thursday morning, the House will consider second reading of Bill S-2, the Family Homes on Reserves and Matrimonial Interests or Rights Act. And, after question period, we will turn to Bill S-8, the Safe Drinking Water for First Nations Act, also at second reading.

Finally, on Friday, we will start report stage of Bill C-24, the Canada–Panama Economic Growth and Prosperity Act. This bill would implement our free trade agreement with the Republic of Panama—an agreement whose time has long come. In fact, when I was the public safety minister, I was honoured to be present when the Prime Minister concluded negotiations in Panama City, some 38 months ago.

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

Mr. Speaker, just to clarify, I would have been quite happy to have consented to the motion had the member not included in it a provision for an additional opposition day. Had the member decided to conclude that NDP was prepared, since its subject for today was food safety, to make the balance of the day the debate on Bill S-11 and then have it proceed to committee, we would have been quite delighted to consent.

In terms of his suggestions on the budget bill, I am looking forward to meeting with him and discussing with him what opportunities might exist there further.

Earlier today, the Minister of Finance introduced Bill C-45, the Jobs and Growth Act, 2012.

This important piece of legislation will bolster Canada’s economy and help improve communities with initiatives that build a strong economy and create jobs, support families and communities, promote clean energy and enhance neutrality of the tax system, and respect taxpayers’ dollars.

We will start second reading debate of Bill C-45 on Wednesday—once honourable members have had a chance to review the bill and discuss it at next week’s caucus meetings. The debate will continue on Thursday and Friday.

I genuinely hope all members will take advantage of the budget bill study week that is available to review the valuable measures that are set out as the second half of our legislative arm of our comprehensive economic action plan 2012. One highlight of the study week will be a briefing arranged by the minister for all hon. members on Monday evening. I hope many MPs can attend, and certainly more than the paltry attendance of opposition members that appeared this spring for the briefing on Bill C-38.

I look forward to a vigorous policy debate on the economy and not on procedural games.

I turn now to the business of the House leading up to Wednesday.

This afternoon we will see the conclusion of the NDP's opposition day. Regrettably, I was personally disappointed that the official opposition did not answer my call last week to lay out the details of its $21.5 billion carbon tax and how it would raise the price of gas, groceries and electricity. Though, I was encouraged that this week in question period the New Democrats actually did acknowledge the subject and raised it.

Tomorrow and Monday will see us resume second reading of Bill S-7, the combating terrorism act. I understand we should finish that debate sometime on Monday, at which that time we will then turn to Bill C-15, the strengthening military justice in the defence of Canada act; Bill S-2, the family homes on reserves and matrimonial interests or rights act; and Bill S-8, the safe drinking water for first nations act.

On Tuesday, we will debate the second reading of Bill S-11, the safe food for Canadians act, unless we find some other approach that would allow us to move on a more urgent basis. Since we did not get unanimous consent to move it forward quickly, we are hopeful there will be some other approach that can be agreed upon to move quickly with it. We hope that if we do debate it that day, we will be able to deal with it quickly and then spend the balance of that day debating Bill C-15 and Bill C-12, the safeguarding Canadians' personal information act.

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

Mr. Speaker, I will begin by addressing Bill S-11, the food safety bill. It was introduced by this government in the Senate to bring about changes that would strengthen our food safety system further following the implementation of the 57 recommendations of the Weatherill report, which further strengthened our system.

I believe the comments, to which the member referred, by the Conservative caucus were not about the NDP obstructing the bill in the Senate but rather about statements that had been made by NDP members previously following the introduction of the bill that the NDP would oppose the bill. Of course, the issue we are looking forward to is having it pass successfully in the Senate. We hope that people will see the urgency more clearly, that we will get the support of the Liberals and that we will see its rapid passage here in the House. We would be delighted if we had support to do that very quickly from the NDP and other parties.

Now for the business ahead of us.

This afternoon, we will continue our safe streets and communities week with second reading debate on Bill C-43, Faster Removal of Foreign Criminals Act.

In last year's election, the Conservative Party promised to put a stop to foreign criminals relying on endless appeals in order to delay their removal. This bill follows through on our commitment to Canadians.

We will resume debate tomorrow, when I am optimistic, based on discussions, that debate will end—and, then, we will have concluded the first three weeks of our hard-working, productive and orderly fall sitting.

On our constituency week, I hope all members of Parliament and staff in this place will have an opportunity relax. Many of our pages will have their first opportunity to go home since they started the year here. I hope on our return we will all be ready to be productive and work hard because we have much to do.

On Monday, October 15, before question period, the House will start the second reading of Bill S-7, the combating terrorism act. We will also debate this bill on Wednesday and Friday of that week. This, of course, is designed to continue to make Canada and, in fact, the whole world, a safer place.

After question period on October 15, we will kick-off debate on Bill S-9, the nuclear terrorism act, which shares the same objectives. It would implement Canada's international obligations under the Convention on the Physical Protection of Nuclear Material and the International Convention for the Suppression of Acts of Nuclear Terrorism.

Tuesday, October 16, shall be the fifth allotted day, which will see the House debate a Liberal motion. We eagerly await the content of that motion.

Thursday, October 18, shall be the sixth allotted day when we will consider the New Democratic proposal.

It is my personal hope that having given the NDP three chances already this fall to articulate to the House and to all Canadians how it will implement its $21.5 billion job killing carbon tax that it will finally choose this as its subject for debate. I hope the NDP members will seize that opportunity and let Canadians know once and for all the fine details of their scheme to raise the price of gas, groceries, electricity and winter heat.

Should we have additional time that week upon our return, or even this week if we move quickly, the House will also consider second reading of Bill C-37, the increasing offenders' accountability for victims act; Bill C-15, the strengthening military justice in the defence of Canada act; Bill S-2, the family homes on reserves and matrimonial interests or rights act; and Bill S-8, the safe drinking water for first nations act.

Of course, I am always open to suggestions from the opposition. If they are willing to accelerate any of those bills for quick passage, I will call them.

Finally, I wish everyone here a happy Thanksgiving. I hope that everyone has a productive and hard-working week working with their constituents.

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

Mr. Speaker, I thank the House leader of the official opposition for his kind comments about co-operation. It is true that we have been working together in a co-operative fashion on the bills he mentioned. In fact, without utilizing time allocation, after nine days of co-operative debate on things that everybody agrees on, we have been able to have one vote on one bill at one stage. If members wonder why it is difficult to get things done, that indicates why: we all agree on something and it still takes nine days to get one bill to one vote at one stage.

Anyway, this afternoon, we will continue with our helping families in need week with second reading debate on Bill C-44, which will undertake several steps to help hard-working Canadian parents in times of need.

Based on discussions, I expect that we will finish debating Bill C-44 today. If so, I will then call Bill C-21, An Act to amend the Canada Elections Act (accountability with respect to political loans), tomorrow.

I understand that there is interest in all corners of the House to see this legislation referred to committee quickly. I hope so, because I believe that all parties want it passed. We may be able to make that happen.

Next week we are going to focus on making our streets and communities even safer. From Wednesday through Friday we will consider second reading of Bill C-43, the faster removal of foreign criminals act, which will firmly show that Parliament does not tolerate criminals and fraudsters abusing Canadian generosity.

On Monday and Tuesday, we shall have the third and fourth allotted days. Both days will go to the official opposition. I am eagerly waiting to see what we debate those days. Perhaps the New Democrats will use the opportunity to lay out their details for a $21 billion carbon tax which would raise the price of gas, groceries and electricity. Perhaps I should correct the record; it would be a $21.5 billion carbon tax. I know there are some in the press gallery who want us to be precise about that.

If we have a hard-working, productive and orderly week in the House which sees debates on Bill C-44, Bill C-21 and Bill C-43 finish early, the House will also consider second reading of Bill C-37, the increasing offenders' accountability for victims act, which the official opposition supports, despite debating it for four days last week; Bill C-15, the strengthening military justice in the defence of Canada act; Bill S-2, the family homes on reserves and matrimonial interests or rights act; and Bill S-8, the safe drinking water for first nations act.

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

Mr. Speaker, first, let me formally welcome back all hon. members to the House of Commons from their productive summers in their ridings, which I trust they had, working with and listening to constituents.

On the government side of the House, we heard loud and clear that the priority of Canadians remains the economy. It is our priority too. Not one person raised with me a desire to see a $21 billion carbon tax implemented to raise the price of gas, groceries and winter heat. I do not expect the member will see that in our agenda.

I also want to extend a warm welcome, on behalf of Conservatives, to this year's class of pages. I am certain that their time with us, here in our hard-working, productive and, I hope, orderly House of Commons, will lead to lifelong memories.

Yesterday, we were able to pass Bill C-42, Enhancing Royal Canadian Mounted Police Accountability Act, at second reading. I want to thank hon. members for their co-operation on that.

I am optimistic that we will see similar co-operation to allow us to finish second reading debate tomorrow on Bill C-37, Increasing Offenders' Accountability for Victims Act, which the hon. Leader of the Opposition talked about.

This afternoon, of course, is the conclusion of the New Democrats' opposition day. As announced earlier this week, Tuesday will be a Liberal opposition day.

On Monday, the House will start debate on Bill C-43, the faster removal of foreign criminals act. This legislation would put a stop to foreign criminals relying on endless appeals in order to delay their removal from Canada and it sends a strong signal to foreign criminals that Canada is not a safe haven. I hope we will have support from the opposition parties for rapid passage of the bill designed to make our communities safer.

Starting on Wednesday, the House will debate Bill C-44, the helping families in need act. Once the opposition caucuses have met to discuss this important bill, I am confident they would want to support the early passage of this legislation as well. It would enhance the income support provided to families whose children have been victims of crime or are critically ill.

If we have additional time tomorrow or next week, the House will consider Bill C-15, the strengthening military justice in the Defence of Canada Act; Bill S-2, the family homes on reserves and matrimonial interests or rights act; and Bill S-8, the safe drinking water for first nations act.

We are interested in Bill C-21, which deals with accountability for political loans and making that consistent with the other political contribution provisions. If we have a consensus among parties to bring that forward, we will certainly do that.

Similarly, if we can see a consensus among parties on passing Bill C-32 as it has been presented to the House, we would be pleased to do that on unanimous consent.

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

Madam Speaker, I am pleased to start my one-day-late Thursday statement with the Conservatives' deep gratitude to all of the staff and pages of the House of Commons, who were forced to endure a rather long Wednesday sitting. I thank them for that and I apologize that they were subjected to it.

On to the remaining business of the House, this afternoon will we complete third reading debate of Bill C-11, the copyright modernization act. On Monday we will have the third reading debate of Bill C-38, the jobs, growth and long-term prosperity act, now that we are past the opposition's theatrical and ideologically driven delay tactics at report stage, which caused you, Madam Speaker, to have to spend an undue length of time here, in particular during the unfortunate act of slow votes, which really achieved nothing but inconvenience to the staff and pages of the House of Commons.

If we have extra time on Monday, we will resume second reading debate on Bill C-15, the strengthening military justice in the defence of Canada act. For the remainder of the week, I want to see the House dispose of the many bills that are still awaiting our work and attention. To accommodate the House, we have voted to sit into the evenings next week.

I would welcome any co-operation from my counterparts on moving these bills forward efficiently. I would like to start with securing second reading and referral to committee before the fall sitting of the following bills: Bill C-24, the Canada—Panama economic growth and prosperity act; Bill C-28, the financial literacy leader act; Bill C-36, the protecting Canada's seniors act; Bill C-15, the military justice bill that I mentioned moments ago; Bill C-27, the first nations financial transparency act; and Bill S-2, the family homes on reserves and matrimonial interests or rights act.

Of course, this is only the start of my list, but it would be a good message for us to send to Canadians to show that we are actually willing to do our jobs, the jobs they sent us here to do, and actually vote and make decisions on the bills before us. A productive last week of the spring sitting of our hard-working Parliament would reassure Canadians that their parliamentarians are here to work.

To get on in that direction, since today is World Elder Abuse Day, I want to draw attention to our Bill C-36, the protecting Canada's seniors act. I believe this bill to combat elder abuse has the support of all parties. I have heard the suggestion of the opposition whip, but I would like to suggest we go one step further. I know the opposition has shown it likes to talk about things; we actually like to make decisions and get things done on this side of the House. With that in mind, and in recognition of this day, it is appropriate to advance this important bill right now and send it to committee for study. Therefore, I would like to ask for unanimous consent for the following motion:

That, notwithstanding any Standing Order or usual practices of the House, Bill C-36, An Act to amend the Criminal Code (elder abuse) be deemed to have been read a second time and referred to the Standing Committee on Justice and Human Rights.

Extension of Sitting Hours

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

moved:

That, pursuant to Standing Order 27, the ordinary hour of daily adjournment shall be 12 midnight, commencing on Monday, June 11, 2012, and concluding on Friday, June 22, 2012, but not including Friday, June 15, 2012.

Today I rise to make the case for the government's motion to extend the working hours of this House until midnight for the next two weeks. This is of course a motion made in the context of the Standing Orders, which expressly provide for such a motion to be made on this particular day once a year.

Over the past year, our government's top priority has remained creating jobs and economic growth.

Job creation and economic growth have remained important priorities for our government.

Under the government's economic action plan, Canada's deficits and taxes are going down; investments in education, skills training, and research and innovation are going up; and excessive red tape and regulations are being eliminated.

As the global economic recovery remains fragile, especially in Europe, Canadians want their government to focus on what matters most: jobs, economic growth and long-term prosperity. This is what our Conservative government has been doing.

On March 29, the Minister of Finance delivered economic action plan 2012, a comprehensive budget that coupled our low-tax policy with new actions to promote jobs and economic growth.

The 2012 budget proposed measures aimed at putting our finances in order, increasing innovation and creating suitable and applicable legislation in the area of resource development in order to promote a good, stable investment climate.

The budget was debated for four days and was adopted by the House on April 4. The Minister of Finance then introduced Bill C-38, Jobs, Growth and Long-term Prosperity Act, the 2012 budget implementation bill. The debate at second reading of Bill C-38 was the longest debate on a budget implementation bill in at least two decades, and probably the longest ever.

On May 14, after seven days of debate, Bill C-38 was passed at second reading.

The bill has also undergone extensive study in committee. The Standing Committee on Finance held in-depth hearings on the bill. The committee also created a special subcommittee for detailed examination of the bill's responsible resource development provisions. All told, this was the longest committee study of any budget implementation bill for at least the last two decades, and probably ever.

We need to pass Bill C-38 to implement the urgent provisions of economic action plan 2012. In addition to our economic measures, our government has brought forward and passed bills that keep the commitments we made to Canadians in the last election.

In a productive, hard-working and orderly way, we fulfilled long-standing commitments to give marketing freedom to western Canadian grain farmers, to end the wasteful and ineffective long gun registry, and to improve our democracy by moving every province closer to the principle of representation by population in the House of Commons.

However, in the past year our efforts to focus on the priorities of Canadians have been met with nothing but delay and obstruction tactics by the opposition. In some cases, opposition stalling and delaying tactics have meant that important bills are still not yet law. That is indeed regrettable.

In the case of Bill C-11, the copyright modernization act, a bill that will help to create good, high-paying jobs in Canada's creative and high-tech sectors, this House has debated the bill on 10 days. We heard 79 speeches on it before it was even sent to committee. This is, of course, on top of similar debate that occurred in previous Parliaments on similar bills.

It is important for us to get on with it and pass this bill for the sake of those sectors of our economy, to ensure that Canada remains competitive in a very dynamic, changing high-tech sector in the world, so that we can have Canadian jobs and Canadian leadership in that sector.

Bill C-24 is the bill to implement the Canada-Panama free trade agreement. It has also been the subject of numerous days of debate, in fact dozens and dozens of speeches in the House, and it has not even made it to committee yet.

Bill C-23 is the Canada-Jordan economic growth and prosperity act. It also implements another important job-creating free trade agreement.

All three of these bills have actually been before this place longer than for just the last year. As I indicated, they were originally introduced in previous Parliaments. Even then, they were supported by a majority of members of this House and were adopted and sent to committee. However, they are still not law.

We are here to work hard for Canadians. Adopting today's motion would give the House sufficient time to make progress on each of these bills prior to the summer recess. Adopting today's motion would also give us time to pass Bill C-25, the pooled registered pension plans act. It is a much-needed piece of legislation that would give Canadians in small businesses and self-employed workers yet another option to help support them in saving for their retirement. Our government is committed to giving Canadians as many options as possible to secure their retirement and to have that income security our seniors need. This is another example of how we can work to give them those options.

In addition to these bills that have been obstructed, opposed or delayed one way or another by the opposition, there are numerous bills that potentially have support from the opposition side but still have not yet come to a vote. By adding hours to each working day in the House over the next two weeks, we would allow time for these bills to come before members of Parliament for a vote. These include: Bill C-12, safeguarding Canadians' personal information act; and Bill C-15, strengthening military justice in the defence of Canada act. I might add, that bill is long overdue as our military justice system is in need of these proposed changes. It has been looking for them for some time. It is a fairly small and discrete bill and taking so long to pass this House is not a testament to our productivity and efficiency. I hope we will be able to proceed with that.

Bill C-27 is the first nations financial transparency act, another step forward in accountability. Bill C-28 is the financial literacy leader act. At a time when we are concerned about people's financial circumstances, not just countries' but individuals', this is a positive step forward to help people improve their financial literacy so all Canadians can face a more secure financial future. Bill C-36 is the protecting Canada's seniors act which aims to prevent elder abuse. Does it not make sense that we move forward on that to provide Canadian seniors the protection they need from those very heinous crimes and offences which have become increasingly common in news reports in recent years?

Bill C-37 is the increasing offenders' accountability for victims act. This is another major step forward for readjusting our justice system which has been seen by most Canadians as being for too long concerned only about the rights and privileges of the criminals who are appearing in it, with insufficient consideration for the needs of victims and the impact of those criminal acts on them. We want to see a rebalancing of the system and that is why Bill C-37 is so important.

Of course, we have bills that have already been through the Senate, and are waiting on us to deal with them. Bill S-2, which deals with matrimonial real property, which would give fairness and equality to women on reserve, long overdue in this country. Let us get on with it and give first nations women the real property rights they deserve. Then there is Bill S-6, first nations electoral reform, a provision we want to see in place to advance democracy. Bill S-8 is the safe drinking water for first nations act; and Bill S-7 is the combatting terrorism act.

As members can see, there is plenty more work for this House to do. As members of Parliament, the least we can do is put in a bit of overtime and get these important measures passed.

In conclusion, Canada's economic strength, our advantage in these uncertain times, and our stability also depend on political stability and strong leadership. Across the world, political gridlock and indecision have led to economic uncertainty and they continue to threaten the world economy. That is not what Canadians want for their government. Our government is taking action to manage the country's business in a productive, hard-working and orderly fashion. That is why all members need to work together in a time of global economic uncertainty to advance the important bills I have identified, before we adjourn for the summer.

I call on all members to support today's motion to extend the working hours of this House by a few hours for the next two weeks. For the members opposite, not only do I hope for their support in this motion, I also hope I can count on them to put the interests of Canadians first and work with this government to pass the important bills that remain before us.

Family Homes on Reserves and Matrimonial Interests or Rights Act

[Gordon O'Connor, Conservative, Carleton—Mississippi Mills, ON]

moved 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 first time.

(Motion deemed adopted and bill read the first time)

Message from the Senate

[The Speaker, Conservative, Andrew Scheer]

I have the honour to inform the House that a message has been received from the Senate informing the House that the Senate has passed the following bill: 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.

[Michael Wernick]

I appreciate the question.

I think this committee will get ample opportunity to discuss this when the bill arrives for your consideration shortly. This will be the fourth attempt, I think, to pass matrimonial property legislation.

The situation was created by court decisions almost 20 years ago, which voided the application of provincial law in this area. It meant that spouses on first nations reserves, male or female, who had a marriage breakup because of death or divorce had nowhere to go to get recourse and no security in terms of matrimonial property division. If you or I had to do it, we'd always have the provincial courts to go to. First nations people don't have those, and so there is a very hard burden on first nations' women and their dependants. It has gone on for a very long time. There have been many attempts to wrestle with this.

We were talking about consultation and engagement. There was a process that cost nearly $8 million and criss-crossed the country. There was a special representative, Wendy Grant-John, for this. It's not an easy subject. There are a lot of technical issues in terms of administration and application. The government has retabled Bill S-2, and I understand that it is headed towards this committee.

[John Duncan, Conservative, Minister of Aboriginal Affairs and Northern Development]

Thank you very much, Chair. I'm pleased to be here today in this committee room, which I think I've spent a little bit of time in before.

Thank you for the opportunity to discuss the supplementary spending estimates of Aboriginal Affairs and Northern Development Canada. I appreciate the role that the committee plays in reviewing the department's expenditures.

The investments included in supplementary estimates (B) support the Government of Canada's plan to improve the quality of life of aboriginal peoples and northerners across Canada. As members of this committee recognize, this plan includes strategic and important investments in infrastructure, funding for programs and initiatives, and the implementation of agreements such as the Indian residential schools settlement agreement.

I'll do my best to answer your questions in a few minutes. First, though, I'd like to provide details about a few key items listed in supplementary estimates (B). The allotment of $179.4 million to the independent assessment process for the residential schools settlement is the largest single item on the list. This amount includes $136 million in new funding, and $43.4 million reprofiled from last year.

This investment supports the Government of Canada's commitment to respect the terms of the court-ordered Indian residential schools settlement that was agreed by all parties. The additional funding will respond to the increased application levels to the independent assessment process.

The Government of Canada remains committed to concluding agreements with former students and their families. Continuing the implementation of the settlement agreement builds on our government's commitment to moving towards healing, reconciliation, and resolution between aboriginal peoples and other Canadians.

The second largest item in the supplementary estimates is $109.1 million for the assessment, management, and remediation of federal contaminated sites. The Government of Canada is committed to the health and safety of all Canadians. This money will support our government's ongoing efforts for safe and timely environmental cleanup. Our government continues to work closely with first nations, Inuit, and northern communities to remediate contaminated sites. Budget 2011 allocated $68 million over two years to the federal contaminated sites action plan. Most of this investment focuses on priority sites in the north such as the Giant Mine in Yellowknife and the Faro mine. In the past two years, the Government of Canada has committed more than $330 million to projects at hundreds of sites in the north and on reserves across the country.

Mr. Chairman, I'd also like to highlight a few other items listed in the supplementary estimates and explain how they relate to this government's broader goals. Improving the quality and availability of first nations child and family services is a case in point. Significant improvements have been made in recent years as a result of a series of tripartite agreements between Canada, first nations, and provincial governments. The services delivered under these agreements focus on prevention and early intervention, leading to better outcomes for first nations children, youth, and families.

Two items in the estimates support this goal. There is $6 million to fund an agreement in Manitoba, and $1.2 million for a dedicated database to track results. Agreements are already in place in Alberta, Nova Scotia, Saskatchewan, Quebec, and Prince Edward Island. This means that nearly 70% of all first nations children who live on reserve have access to services delivered under the new model. We hope to complete agreements with other jurisdictions in the next few years.

Mr. Chairman, I'd also like to highlight a few other items that are listed. Bill C-22, for instance, which I'm happy to note just received royal assent yesterday, completes an agreement to establish the Eeyou Marine Region and authorizes first nation groups to co-manage and protect islands in James Bay and southeastern Hudson Bay. Bill S-2 proposes to close the legal gap that exists in matrimonial rights and interests on reserve. And Bill C-27, the First Nations Financial Transparency Act, is part of the government's commitment in the 2011 Speech from the Throne to support democratic, transparent, and accountable first nation governments by requiring that chiefs and councillors publish their salaries and expenses and audited consolidated financial statements.

I'm also committed to reintroducing a bill that will propose a mechanism to set standards to safeguard the quality of drinking water in first nation communities.

A goal of these and other legislative initiatives is to create the accountability mechanisms needed to foster economic and social development. This committee will have an important role in moving the agenda forward. I believe the study currently under way on sustainable economic development will be valuable and pertinent.

In June, the Auditor General's status report analyzed why so many Government of Canada programs fail to deliver the intended benefits to first nation communities. The key factor cited in the report is that many programs have no legislative base. Should a program fail, no one can be held accountable. To ensure that programs and investments achieve their goals, this government will continue to develop and implement appropriate legislative remedies in collaboration with our stakeholders.

Another element of the Government of Canada's strategy to promote economic and social development among northern and aboriginal communities is working with willing partners. I'm proud to note that this past June, the National Chief of the Assembly of First Nations and I announced the Canada-first nations joint action plan to improve the lives of first nation people across Canada. The action plan expresses our joint commitment to work together to improve the long-term prosperity of first nation people and all Canadians.

Strategic partnerships with provincial and aboriginal groups that continue to improve education outcomes in a growing number of first nation schools are another instance of the work that we do with willing partners. Collaborative initiatives to improve the educational outcomes of first nation students are now under way in seven provinces. Engagement sessions were held last year, helping to inform improvements to aboriginal economic development programs, including efficiencies in program delivery. Strategic partnerships have also inspired significant progress on specific claims and first nation access to safe drinking water.

The Beaufort regional environmental assessment is another example of a strategic partnership, among Inuvialuit, the oil and gas industry, territorial and federal governments, regulators, and academia, to prepare for oil and gas activity in the Beaufort Sea. Together they have supported research and actions that will provide information and data in support of efficient and effective regulatory decisions.

The larger goal of the government's plan is to ensure that all citizens, aboriginal and non-aboriginal alike, can share in and contribute to Canada's prosperity. The investments included in the supplementary estimates are designed to complement existing programs, partnerships, and legislative initiatives. I'm confident that the items under review will lead to further progress for aboriginal peoples, northerners, and all Canadians.

Thank you very much. I'll do my best to answer any questions the members of the committee may have about supplementary estimates (B).

[Chief Betty Ann Lavallée, National Chief, Congress of Aboriginal Peoples]

Thank you, Mr. Chair.

Good morning to the members of the House of Commons Standing Committee on Aboriginal Affairs and Northern Development.

It's an honour to be here on the unceded territory of the Algonquin people to present you with some priority issues of the Congress of Aboriginal Peoples.

With me today is our new vice-chief, Dwight Dorey, who will be speaking to you concerning the Daniels case and subsection 91(24) of the Constitution Act of 1867. My presentation to you will focus on remaining discrimination in the Indian Act, matrimonial real property, band membership, along with aboriginal citizenship, education, and the long-gun registry. There are many more issues that will need to be discussed at a later date, including health, economic development, housing, homelessness, language, and culture.

Since 1971, the congress has been at the forefront of the aboriginal people's movement in Canada, advocating for our constituency of forgotten peoples. We advocate for the rights and interests of status and non-status Indians living off reserve and Métis. The year 2011 marks the 40th anniversary of the founding of our organization. Despite the successes that have occurred over the last 40 years, the Canadian public continues to associate aboriginal issues with Indians living on reserves. The reality is that 80% of the ancestral aboriginal population now live off reserve, with 60% living in urban areas. This is the most significant demographic factor for policy makers, yet it's the one where the least action takes place because of jurisdictional issues.

On May 18, we were pleased to learn that Prime Minister Harper had changed the name of Indian Affairs and Northern Development to Aboriginal Affairs and Northern Development Canada. This was an important step, better to reflect the scope of the minister's responsibilities for all aboriginal peoples. This type of straightforward thinking and inclusive decision-making is what we need to make progress.

The Indian Act remains the principal expression of the federal government's jurisdictional policy over Indians and lands reserved for Indians under subsection 91(24) of the Constitution Act of 1867. The political and social reality affecting aboriginal peoples is based by and large on this outdated legislation. The Indian Act status and membership rules have a long history of impacting the lives of aboriginal peoples. For example, of the almost $10 billion per year that the federal government invests in aboriginal-specific programming, almost 90% goes to assist on-reserve status Indians. This outdated policy framework needs to be reshaped and recast to reflect the fact that the federal government has the responsibility to act in a fiduciary capacity for all aboriginal peoples.

This was the central finding of the largest, most extensive inquiry undertaken in Canadian history, the Royal Commission on Aboriginal Peoples. In 1996, it reported that the relationship between aboriginal peoples and non-aboriginal peoples needed to be fundamentally restructured. The facts of aboriginal life have changed, and it's time for policies and frameworks to reflect the new reality.

CAP is pleased that the government has reintroduced Bill S-2 concerning matrimonial real property. This legislation will address a longstanding gap and will better protect the rights of aboriginal people, particularly women living on reserve. For many years, we've been calling for an effective MRP regime on reserve. Aboriginal women on reserve face unfair and unconstitutional discrimination in the exercise of their right to a fair share of matrimonial real property after the breakup of a marriage or common-law relationship. We view the bill as a positive step to ensure that aboriginal women and children receive equitable distribution of matrimonial real property assets in the event of divorce, separation, family violence, or death.

The congress has never bought into the Indian Act, and we have a long history of fighting this legislation. Back in 1974, with financial assistance from our organization, Jeannette Corbiere Lavell was the first non-status woman to bring a challenge to the Indian Act. Today, our women continue to be discriminated against through the Indian Act, but through the brave work of people like Sharon McIvor, Sandra Lovelace Nicholas, as well as many others, we are taking this legislation apart piece by piece.

I'm a registered subsection 6(2) Indian. Under the law, my son is not entitled to be registered as an Indian. We are graded like cattle or grades of beef. It is unadulterated discrimination, and fighting this is the central priority for the congress.

In January of this year, Canada proclaimed into force Bill C-3, Gender Equity in Indian Registration Act. This was a direct result of the McIvor decision, which took 20 years to move through the courts. Because this legislation is very narrow in scope, sex discrimination, unfortunately, remains in the status registration provisions. Not all descendants of the Indian women who lost status through marrying out have gained status back. The first generation was covered by Bill C-31 in 1985, the second generation through this year's Bill C-3, but further generations remain cut off from Indian status.

The only way to be sure that such discrimination is eliminated from the Indian Act is to place descendants of status Indian women on the same footing as descendants of Indian men. Today aboriginal women are not treated equally as transmitters of status. As a result of this discrimination, thousands of their descendants have been forgotten.

Another remaining problem relates to the post-1985 Indian Act registration rules and how they operate in cases of unstated paternity. In 1985 Canada went from a one-parent descendancy rule, which favoured Indian men, to a new system called the second generation cut-off rule. Now whether you were an Indian man or woman, mixed parenting is only allowed for one generation. After the second generation of mixed parenting, a person is no longer an Indian. Today, when a status mother does not disclose the father's identity, the child's registration can only be based on the mother's entitlement. From 1985 to 1999, this resulted in the downgrading or outright loss of Indian status to approximately 50,000 Indian children.

The new second-generation cut-off rule will result in a drastic reduction of the status Indian population over the course of a few generations. Status Indians, like many other Canadian citizens, fall in love and have children with people from other cultures. This common social occurrence, when paired with the second-generation cut-off rule, has the perverse result of depriving the children of these unions of either their Indian status or the ability to pass status to their own children.

It has been estimated that within 60 years only one-third of the descendants of the current status Indian population will be entitled to status. The number will continue to decline. Academics and demographers alike have argued that the Indian registration rules introduced in 1985 will lead to the legislative extinction of status Indians.

A clear solution to this problem would be for Canada to return to a one-parent descendancy rule for Indian status and apply it equally to men and women. However, everyone here can acknowledge that the capacity of courts to deal with these issues is very limited. CAP is seeking a political commitment to examine and address aboriginal citizenship, with all the associated broader questions.

Since the passage of Bill C-3 in December 2010, the federal government has launched the exploratory process. It is not a consultative process, which we like, and I'm pleased to say the government has not pre-determined or pre-defined the agenda or questions with regard to Indian registration, band membership, and aboriginal citizenship. CAP is currently engaged with the process and we're hosting dialogue sessions across Canada.

Section 74 of the Indian Act allows bands to elect chiefs and councils according to their own customs. Currently about 30% of bands have adopted their own custom codes. Under these rules a band can admit to membership people who do not have status. They can also deny membership to any status Indian except Indian women restored under paragraph 6(1)(c).

Despite this apparent opportunity to break away from the Indian Act, 30% of the bands have adopted membership rules that are more restrictive than the Indian Act itself. CAP was pleased when the Conservative government delivered on its promise to repeal section 67 of the Canadian Human Rights Act. Since 1977, section 67 has shielded bands from complaints of discrimination stemming from membership codes plus other issues.

In June of this year the transition period ended. We expect that many of the custom election codes will now be challenged under the Canadian Human Rights Act. My understanding is that Aboriginal Affairs and Northern Development has not provided any resources to the bands to review and update their membership codes or to ensure they are in compliance with the Canadian Human Rights Act or the Canadian Charter of Rights and Freedoms. That is really unfortunate, because there are some bands that are being very proactive in addressing this issue. I believe in giving credit where credit is due.

In regard to aboriginal citizenship, CAP takes the position that the right of aboriginal peoples to determine our own citizenship is an inherent right derived from the Creator and protected both under section 35 of the Constitution Act, 1982, and under the UN Declaration on the Rights of Indigenous Peoples. Our right to self-government was never distinguished.

We view the exploratory process as the beginning of a long process of questioning and thinking, and as we move towards self-determination and citizenship, we are being given the chance to come up with the solutions to long-lived problems we've had to face.

The possible self-government structures for urban aboriginal peoples are wide-ranging. CAP has been working on these challenging issues for many years and at the same time struggling with the reserve focus of federal government policies and programs. Federal and provincial wrangling has slowed progress for urban aboriginal populations.

With the resolution of the federal government's responsibility regarding Métis and non-status Indians, aboriginal and state relations will be very clear, and some of the on-reserve and off-reserve distinctions will be resolved.

My colleague Dwight will speak further to that.

The education of our children and youth is a priority of the first order for us. Aboriginal youth have the highest dropout rates, the lowest levels of literacy, and the lowest levels of skills development. The odds are better that our youth will end up in jail than that they will graduate from high school. It is education that will improve our economic situation and our lives. It is education that is integral to reducing poverty in our communities and eliminating our dependencies.

At the Summit on Aboriginal Education held in February, we were encouraged by the discussions about strengthening aboriginal success in education. The provincial and territorial ministers of education have recognized that in the next 15 years, aboriginal students will represent over 25% of the elementary student population in some provinces and territories. We encourage the Prime Minister to call a first ministers meeting on education at which an interjurisdictional commitment to improve school experiences for our students could be mobilized.

Last, I want to talk to you about the Canadian firearms registry. Currently, aboriginal firearms owners who are not compliant with the Firearms Act can incur criminal liability for unauthorized possession of non-restricted firearms under sections 91 and 92 of the Criminal Code. In the last couple of weeks, the government gave notice concerning the bill to abolish the long-gun registry.

CAP joins many other aboriginal organizations across Canada in calling for an end to the long-gun registry. We view the licensing and registration requirements imposed by the registry as an infringement on our right to hunt. Aboriginal hunters and harvesters are not part of the crime problem, and the registry is ineffective and wasteful. The infringement on aboriginal treaty rights to hunt, trap, or fish is not acceptable to our organization. CAP remains supportive of regulations requiring hunters and harvesters to secure an acquisition licence and to follow rules for the safe storage of firearms.

In conclusion, I wish to express our appreciation for the attention the Prime Minister has brought to aboriginal issues by meeting with national aboriginal leaders. In the days ahead, my colleague and I look forward to active engagement with various House of Commons standing committees that have an important role to play in moving the aboriginal agenda forward.

At this point I'll turn to my colleague, Vice-Chief Dwight Dorey, to speak on the issue of section 91.24.