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.

First Nations Elections Act

[Royal Galipeau, Conservative, Ottawa—Orléans, ON]

Mr. Speaker, it is probably paragraph (c).

We have two choices here: the paternalistic Indian Act, or Bill S-2 that includes more transparency, more accountability and a better chance for Indian band councils to do long-term planning on their own terms. That is what we are doing here.

If those members want to go to the bad old ways of the Indian Act, good for them. That is why the people of Canada, in their own wisdom, have chosen members on this side to be government.

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

Mr. Speaker, once again, the Conservatives are trying to put together a positive approach to their relations with first nations, but they will not change course and refuse to engage in nation-to-nation dialogue.

Earlier in the House, during the debate on Bill S-2, we saw that this Senate bill could have been a real opportunity for this government to do something positive for aboriginal women.

Unfortunately, the government did not listen to the concerns of these groups of women and the bill does not have the support of the people it is trying to help. It is absolutely ridiculous that this government is attempting to appeal to women.

I would like to ask my colleague opposite a question. We know that the Conservatives do not always address the real governance problems by choosing to ignore the flaws of the Indian Act.

Why are the Conservatives refusing to listen to the legitimate concerns of first nations groups?

Business of the House

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

Mr. Speaker, this time last week, I said that I hoped to have a substantial list of accomplishments to report to the House. Indeed, I do.

In just the last five days, thanks to a lot of members of Parliament who have been here sitting late at night, working until past midnight, we have accomplished a lot. Bill C-60, the economic action plan 2013 act, no. 1, the important job-creating bill, which was the cornerstone of our government's spring agenda, passed at third reading. Bill S-8, the safe drinking water for first nations act, passed at third reading. Bill S-2, the family homes on reserves and matrimonial interests or rights act, passed at third reading. Bill C-62, the Yale First Nation final agreement act, was reported back from committee and was passed at report stage and passed at third reading. Bill C-49, the Canadian museum of history act, was reported back from committee. Bill C-54, the not criminally responsible reform act, was reported back from committee this morning with amendments from all three parties. Bill S-14, the fighting foreign corruption act, has been passed at committee, and I understand that the House should get a report soon. Bill S-15, the expansion and conservation of Canada’s national parks act, passed at second reading. Bill S-17, the tax conventions implementation act, 2013, passed at second reading. Bill S-10, the prohibiting cluster munitions act, passed at second reading. Bill S-6, the first nations elections act, has been debated at second reading. Bill C-61, the offshore health and safety act, has been debated at second reading. Bill S-16, the tackling contraband tobacco act, has been debated at second reading. Finally, Bill C-65, the respect for communities act, was also debated at second reading.

On the private members' business front, one bill passed at third reading and another at second reading. Of course, that reflects the unprecedented success of private members advancing their ideas and proposals through Parliament under this government, something that is a record under this Parliament. This includes 21 bills put forward by members of the Conservative caucus that have been passed by the House. Twelve of those have already received royal assent or are awaiting the next ceremony. Never before have we seen so many members of Parliament successfully advance so many causes of great importance to them. Never in Canadian history have individual MPs had so much input into changing Canada's laws through their own private members' bills in any session of Parliament as has happened under this government.

Hard-working members of Parliament are reporting the results of their spring labours in our committee rooms. Since last week, we have got substantive reports from the Standing Committee on Public Accounts, the Standing Committee on Foreign Affairs and International Development, the Standing Committee on Agriculture and Agri-Food, the Standing Committee on Health, the Standing Committee on Procedure and House Affairs, and the Standing Committee on Government Operations and Estimates.

We are now into the home stretch of the spring sitting. Since I would like to give priority to any bills which come back from committee, I expect that the business for the coming days may need to be juggled as we endeavour to do that.

I will continue to make constructive proposals to my colleagues for the orderly management of House business. For example, last night, I was able to bring forward a reasonable proposal for today's business, a proposal that had the backing of four of the five political parties that elected MPs. Unfortunately, one party objected, despite the very generous provision made for it with respect to the number of speakers it specifically told us it wanted to have. Nonetheless, I would like to thank those who did work constructively toward it.

I would point out that the night before, I made a similar offer, again, based on our efforts to accommodate the needs of all the parties.

Today we will complete second reading of Bill S-16, the tackling contraband tobacco act. Then we will start second reading of Bill C-57, the safeguarding Canada's seas and skies act.

Tomorrow morning we will start report stage of Bill C-49, the Canadian museum of history act. Following question period, we will return to the second reading debate on Bill S-6, the first nations elections act.

On Monday, before question period, we will start report stage and hopefully third reading of Bill C-54, the not criminally responsible reform act. After question period Monday, we will return to Bill C-49, followed by Bill C-65, the respect for communities act.

On Tuesday, we will also continue any unfinished business from Friday and Monday. We could also start report stage, and ideally, third reading of Bill S-14, the fighting foreign corruption act that day.

Wednesday, after tidying up what is left over from Tuesday, we will take up any additional bills that might be reported from committee. I understand that we could get reports from the hard-working finance and environment committees on Bill S-17 and Bill S-15 respectively.

Thereafter, the House could finish the four outstanding second-reading debates on the order paper: Bill C-57; Bill C-61; Bill S-12, the incorporation by reference in regulations act; and Bill S-13, the port state measures agreement implementation act.

I am looking forward to several more productive days as we get things done for Canadians here in Ottawa.

[Nathan Cullen, NDP, Skeena—Bulkley Valley, BC]

Mr. Speaker, it is nice to have that level of civility. I congratulate my friend across the way.

Before asking the usual Thursday question and before the government House leader across the way starts to talk about how he has been able to abuse Parliament over the past week, I would like to make a small observation for all those listening.

Of all the bills I am sure he is about to mention that are important, not a single bill passed through this legislative process in anything resembling a normal fashion. Bills S-8, S-15, S-17, S-2, S-6, S-10, S-16, C-56 and C-60, every single bill we have debated in the past week, operated under time allocation. I might parenthetically add that seven of them came from the Senate. It seems like a strange place for the government to get its agenda: a bunch of unelected, under-investigation senators, but so be it. It is the government's choice.

We tried to work with the government to find ways to allow the House to debate bills and to do so expediently. A good example is the Sable Island as a national park bill. For example, we offered up about five or six speakers who wanted to address the merits of the bill, which would have allowed the passage of that bill after they had spoken. The reaction from the leader from the other side was to move time allocation, which in fact ended up taking up more time in the House than the offer the NDP had made would have taken.

The Conservatives' strategy is sometimes bizarre. In fact, it is hard to figure out whether it is a strategy or not. I would like the Conservative member to enlighten me on this, even though the Conservatives' responses have no merit.

We have spent more than 14 hours debating and voting on time allocation motions in the past two weeks alone. I find it ironic that the government allots only five hours of debate to the content of the bill under time allocation, when the vast majority of our time is spent debating and voting on the time allocation motions and not on the bills. That is the Conservatives' way of doing business.

When will the Leader of the Government in the House of Commons learn that a hammer is not the only tool available for getting the work done?

Could the leader of the government tell us what his plans are for this week and the week following?

Tackling Contraband Tobacco Act

[Francis Scarpaleggia, Liberal, Lac-Saint-Louis, QC]

Mr. Speaker, I absolutely do. When a government puts a budget together, there are choices to be made. Sometimes these are difficult choices, but they have to be made. We are dealing with some rather significant public safety challenges, so perhaps now is not the time to be reducing public safety budgets, including the RCMP's, among others.

This takes more than legislation. It takes means. I know that my colleague opposite supported Bill S-2. The fact remains that there are no resources for creating women's shelters on reserves for victims of spousal abuse.

Having legislation is one thing, but at some point we need to have the necessary resources to ensure that the legislation produces positive, tangible results.

Bill C-56—Time Allocation Motion

[Marc Garneau, Liberal, Westmount—Ville-Marie, QC]

Mr. President, we want to clarify something on this side of the House, as we have done for several other bills in recent weeks. What we want to tell this government is that some bills introduced many years ago have been delayed for reasons that are quite clear.

For example, in September 2008, the Prime Minister decided to call an election. At that time, no one was expecting an election. Obviously when this happened, everything slowed down and we were forced to start from scratch.

I will use the example of Bill S-2, which was first introduced as Bill C-47. The Conservatives were forced to reintroduce it as Bill C-8. What happened to Bill C-8? In December 2009, Parliament was prorogued, so we had to start again.

These are the kinds of delays caused by this government. This bill was then replaced by Bill S-4, and the Conservatives sat on their hands for seven months. In May 2011 it was reintroduced as Bill S-2. Two years went by while the Conservatives did nothing. Suddenly, in June 2013 it became absolutely urgent to pass this bill because it had been on the order paper for so long.

The fact is that this situation is a direct result of their delays—

Aboriginal Affairs

[Kelly Block, Conservative, Saskatoon—Rosetown—Biggar, SK]

Mr. Speaker, in a remote aboriginal community, when it is the middle of the night and it is 30 degrees below zero, and a women has been violently assaulted, it is absolutely necessary that she receive the same protection as all other Canadians. That is exactly why our government introduced Bill S-2, which will allow enforcement emergency protection orders, but yesterday, the Liberal leader shamefully whipped his caucus to vote against it.

Can the Minister for Status of Women please update this House on the difference between our government's position and the Liberals'?

Ethics

[James Moore, Conservative, Minister of Canadian Heritage and Official Languages]

Mr. Speaker, of course, I agree with the first half of the first rendition of his question, where he said our government has indeed answered these questions.

What is also important to note is that when the House does rise, our government will be very proud not only of the questions we have answered, but the actions we have delivered for Canadians. Just yesterday, we passed Bill S-2 to provide aboriginal women with equal rights to non-aboriginal women in this country. That was reported equally last week. That is great news for all Canadians. It was reported last week by Statistics Canada that the Canadian economy has created over a million new jobs since the recession.

On all these questions and on all these answers, we are proud to go into summer standing up as—

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

Family Homes on Reserves and Matrimonial Interests or Rights Act

[Djaouida Sellah, NDP, Saint-Bruno—Saint-Hubert, QC]

Mr. Speaker, this bill is the fifth of its kind to be introduced by the government since 2008. The background on this issue has been given and we have debated it. Every time it has had the opportunity, the NDP has opposed the bill, and that is the case again here.

I am a feminist and I fight for women's rights. I fought as part of the Quebec section of the NDP women's council for years, before I was elected, and I have had the honour of chairing the NDP women's caucus. I take these issues to heart.

Division of matrimonial property is an important issue. Courts have rendered decisions on this issue since the mid-1980s, and parliamentary committees have been studying it since the early 2000s.

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 at both 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 aboriginal women who pay for this legal vacuum.

The Assembly of First Nations determined that the following three broad principles were key to addressing matrimonial rights and interests on reserves: first, recognition of first nation jurisdiction; second, access to justice; and third, addressing underlying issues related to housing and economic security.

The bill does nothing to address any of these principles. On reserves, gender discrimination clearly exists when it comes to matrimonial real property. Everyone says so, including the courts, aboriginal people and politicians.

Bill S-2 does not solve the problem. It does not address the issues related to a lack of financial resources to support first nations governments to actually implement the law, a lack of funding for lawyers and legal advice, a lack of funding to account for limited geographic access to provincial courts, a lack of on-reserve housing, and a lack of land mass that would be necessary to give both spouses separate homes on reserves.

Here is what Assembly of First Nations National Chief Shawn Atleo had to say:

The legislation...does not provide the necessary tools or capacities for first nation governments to deal with the issues that arise when marriages break up. This is rightfully a matter of first nation jurisdiction and we must have this capacity.

First nations have repeatedly and forcefully called on the government to work with us on an approach that will truly give our people in our communities access to justice. There are already first nations that have put their own laws and approaches in place on this matter. These must be respected and a similar approach must be supported for all first nations.

The Native Women's Association of Canada also has a problem with this bill.

Despite previous recommendations that first nations must be involved and create the solutions that will address the multitude of socio-economic issues impacting on families, the government has consistently tried to rush the process and to push through legislation that has been drafted mostly on its own, with little involvement and disregard for the comprehensive recommendations of the past ministerial representative, and many first nations governments and organizations.

As I indicated earlier, a lot of work has already been done on this issue. For example, there was the 2005 report of the Standing Committee on Aboriginal Affairs and Northern Development entitled “Walking Arm-in-Arm to Resolve the Issue of On-Reserve Matrimonial Real Property”.

The report set out a number of very worthwhile suggestions. It recommended that the government consult with the Native Women's Association of Canada and the Assembly of First Nations in order to develop a new law or amend the Indian Act. It also recommended that the first nations be given financial assistance so that they can develop their own matrimonial real property codes, and that any new legislation should not apply to first nations that have their own codes. What is more, the Canadian Human Rights Act should be amended to apply to people living on reserves. The report also suggested that Canada recognize the inherent rights of first nations to govern themselves.

Canada is a signatory to the UN Declaration on the Rights of Indigenous Peoples and, as such, consultation entails the consent of the people consulted. Although Canada conducted some limited consultations, no consent was given by the rights holders. As a result, we are opposed to Bill S-2 because it violates article 32 of the UN declaration, which requires the free and informed consent of the rights holders prior to the approval of any project affecting their lands or well-being.

Those are the reasons why I cannot support this bill. However, I would like to add that the government must treat our first nations with more respect. In addition to a better bill on matrimonial real property, it is urgent that the government work with first nations in order to put an end to violence against aboriginal women. It must improve living conditions on reserves, particularly with regard to the housing crisis, and it must put an end to systematic discrimination with regard to funding for first nations children.

[Peter Julian, NDP, Burnaby—New Westminster, BC]

Mr. Speaker, I will be sharing my time with the member for Saint-Bruno—Saint-Hubert, who will be taking the second half of the speech on Bill S-2.

I was deeply disturbed last night by the aggressive, attacking tone of the government on the bill. What we heard last night from speakers, and we are hearing a bit of that today, are very aggressive attacks from the government.

I certainly understand that the government feels it is in a weak position. The Conservatives brought forward Bill S-2 for consultation. They actually tried yesterday to say that they consulted with groups like the Assembly of First Nations and the Native Women's Association of Canada. They talked about the consultation process as something meaningful. None of them, not a single Conservative member of Parliament who spoke on this issue last night, and we have not heard any this morning, acknowledged that those organizations opposed the bill. In the consultation process that supposedly took place, the government was met with opposition from aboriginal women's groups from across the country.

There is something profoundly disturbing about government members who would stand in the House and say that they have done some kind of consultation when the organizations that they consulted with have said that the bill would not get the job done and, in many respects, the bill would actually be harmful.

The aggressive tone of government members has done nothing to allay the many concerns that we are hearing from first nations, aboriginal women's groups and aboriginal groups across the country. The reality is, the aggressive tone belies what the government's agenda has been when it comes to first nations. We have seen it cut back on funding for the aboriginal police forces that should be ensuring that women are protected on reserve across the country. It slashed and closed the First Nations Statistical Institute that gave us important information about what was happening right across the country. It closed down the National Centre for First Nations Governance.

The Conservative government has a lamentably poor record when it comes to adequately funding of first nations organizations. It is making first nations and aboriginal peoples in Canada pay the price of the Conservative agenda of bestowing billions of dollars on its pet projects, whether it is the F-35 or many others that we have spoken of over the last few days. It is aboriginal Canadians who are paying the price for the government's mean-spirited attitude toward first nations across the country and indeed toward all Canadians.

The government stands in the House and says it has slashed funding and would not provide any funding for Bill S-2. Yet any aboriginal women's organizations that raise concerns, any opposition members of Parliament who raise concerns, are treated with an aggressive and attacking tone. We simply beg to disagree. This is a fundamentally wrong approach.

There is a duty to consult by the government and it did not consult in any meaningful way. Aboriginal organizations across the country are opposing Bill S-2.

Aboriginal organizations and aboriginal women's organizations are on one side saying the bill should be opposed. The government says it knows better, it will try to ram it through with closure and takes a very aggressive attacking tone with anyone who raises any of the very valid concerns that aboriginal organizations, aboriginal women's organizations and first nations have raised across the country.

The question then is, who has credibility? It is worth reading into the record what the Conservative government's record is. It has closed a wide variety of first nations organizations doing important work. It actually shut down the statistical institute that allowed all Canadians to understand the current situation of first nations. After seven years in power, here are the results: a quarter of first nations' children live in poverty. That is double the national average.

Suicide rates among first nations youth are five to seven times higher than rates among young non-aboriginal Canadians. Life expectancy of first nations citizens is five to seven years shorter than that of non-aboriginal Canadians. Infant mortality rates are 1.5 times higher among first nations. Tuberculosis rates among first nations citizens living on reserve are 31 times the national average.

A first nations youth is more likely to end up in jail than to graduate from high school. First nations children, on average, receive 22% less funding for child welfare services than other Canadian children. There are almost 600 unresolved cases of missing and murdered aboriginal women in Canada.

The Conservative government's record is appalling. It has not taken action on any of these issues. Last year, we saw our former leader, the member for Hull—Aylmer, go with the member for Timmins—James Bay to Attawapiskat, where they saw appalling housing conditions.

In the same way that the government is attacking members of the opposition, it told aboriginal women's groups and aboriginal groups in first nations across the country on Bill S-2 that if they dared to disagree, it would attack them. It would insult them and degrade them. In the same way that the government did that, we can remember the attacks on Attawapiskat. The attacks were on the first nations there, which were simply looking to ensure a better future for their children.

The Conservative government's attitude is that anyone standing in the way of its agenda is somebody to be attacked, insulted and degraded. The first nations of this country deserve much better than a government that will insult and deride them when they disagree fundamentally on a bill's direction.

The government introduced the bill, first in the Senate and then here in the House. The government introduced the bill and it has not got it right. The government cannot stand and say that it has done the consultation when the groups that it consulted with oppose the bill. There is an illogical disconnect between government members standing up and saying they have done the consultation and not mentioning that the groups they consulted with oppose the bill. It simply does not make any logical sense.

What it does, of course, is lessen the integrity of the individuals from the government side who are standing up and making these comments. Maybe they do not know. Maybe they are reading prepared talking points from the Prime Minister's Office, so maybe they really do not know that the organizations that they are trumpeting about having consulted with are opposing the legislation. I do not know.

On this side of the House, when we carefully read our comments on any bill that is coming forward, we make sure that we get it right. We make sure that we are making comments that are factually true. However, here we have Conservative members who, perhaps in a mean-spirited way or perhaps unknown to them, are mentioning organizations like the Assembly of First Nations and the Native Women's Association of Canada and saying that they have consulted with them, when those organizations oppose the bill and disagree with the government, very vehemently in some cases.

Where do we go from here? We have an appalling state of first nations after seven years of a Conservative government. We have slashing and cutting of a wide variety of important first nations organizations, including the First Nations Statistical Institute. It did not cost a lot of money, but given the horrendous situations in health and unemployment and the lack of opportunities for children and youth on reserve, one would expect that a government would want to know what was going on. The Conservative government wanted to be blind and wanted to shut off that source of information.

With that approach from the government, we can only say this. Yes, we will continue to stand up and speak against this bill, as so many aboriginal women's organizations, aboriginal organizations and first nations have. The New Democratic Party members of Parliament will be the voice of first nations, the voice of aboriginal women and the voice of aboriginal Canadians here in the House of Commons. We will continue to say, very clearly, that this bill needs to be strongly redrafted.

The duty to consult still exists for the government. The government has the obligation to consult with first nations and heed what they say.

[Wai Young, Conservative, Vancouver South, BC]

Mr. Speaker, that would be like saying that human beings cannot fly in an airplane. Just because things are sometimes difficult, it does not mean they are not the right thing to do, nor are they insurmountable.

We have built into Bill S-2 all kinds of abilities with respect to technology, as well as funding a centre, which would help first nations across Canada devise their own laws and devise how they would implement this within their own communities across Canada. With this new convention centre as well as the ability to phone, email or talk to a peace officer, certainly the access points for an order would be there, through Bill S-2.

In addition, I do not believe that this Parliament, in righting a wrong, should hang on the fact that it is difficult. The government and this country have overcome many other difficulties and we are confident that this is a good bill, a necessary bill and an urgent bill.

Again, I would urge the member opposite to vote with us on protecting women and children on reserve.

[Dany Morin, NDP, Chicoutimi—Le Fjord, QC]

Mr. Speaker, Bill S-2 puts the onus on couples to resolve disputes in court, yet it does not improve access to provincial courts. In addition, it is difficult for the bill to be enforced, in a practical sense, in many first nations communities. It is unrealistic.

Instead of presenting first nations with a bill that is ineffective, will the Conservatives commit to supporting the implementation of remedies within first nations communities that would stem from their own legal traditions?

[Wai Young, Conservative, Vancouver South, BC]

Mr. Speaker, one of the witnesses, Rolanda Manitowabi, said at committee that if this bill were in place, there would have been an option. In a situation where there is domestic violence or abusive behaviour, there are no choices. When she was thrown out of her home, she had no place to go; that was her home. To this day, she continues to pay for that home. If this bill had been in place, it would have given her an option for some place to go with her children.

This victim came to our standing committee and told us a horrible story of how, for years, not only was she thrown out of her home with her children but she was also thrown out of her community. Due to family violence and the breakdown of her marital situation, she and her children had no place to go. Bill S-2 would address this.

As the member opposite knows, this bill has been debated a fair amount. There were 172 consultations across this country. This government spent some $4 million on consultations with groups. The Manitoba Legislative Assembly sent us a resolution, and it completely supports the bill. This has certainly been discussed, and consultations have occurred; we have heard of real-life situations in which this bill could help these women.

[Wai Young, Conservative, Vancouver South, BC]

Mr. Speaker, as a member of the Standing Committee on the Status of Women, I am pleased to speak today in support of Bill S-2, family homes on reserves and matrimonial interests or rights act.

Currently men, women and children living on the majority of on-reserve communities have no legal rights or protections in relation to the family home. In situations of family violence, for decades women have been victimized and kicked out of their homes with nowhere to go.

Statistics show that aboriginal women are almost three times more likely than other Canadian women to experience violent crime, including spousal violence. According to the 2009 general social survey, approximately 15% of aboriginal women in a marriage or with a common-law partner reported that they had experienced spousal violence in the previous five years. Of those who had been victimized, 58% reported that they had sustained an injury, compared to 41% of non-aboriginal women. Further, 48% reported that they had been sexually assaulted, beaten, choked or threatened with a knife or a gun, and 52% reported that they feared for their lives.

This is why Bill S-2 is so important. It will help to mitigate occasions of domestic violence on reserve by providing for emergency protection orders and exclusive occupation orders.

Currently, individuals living on reserve cannot go to court to seek exclusive occupation of the family home or apply for emergency protection orders while living in a family home on reserve in the event of a relationship breakdown or the death of a spouse or common-law partner.

Bill S-2 extends this basic protection to individuals living on reserve. In situations of family violence, a spouse can now apply for an emergency order to stay in the family home, at the exclusion of the other spouse, for a period of up to 90 days with the possibility for extension. These orders may be granted upon a hearing or an application to vary the original order at the judge's discretion.

An emergency protection order is quick, follows a simple process and is recognized by child and family justice advocates as being one of the most significant means of preventing family violence. Violations of these orders can result in fines or jail time. We know that emergency protection orders are invaluable tools in efforts to end family abuse and violence. Each year, hundreds of Canadians, most of them women who are victims of spousal abuse, petition courts to acquire these orders and access the legal protection that they can afford.

Police who are authorized by the courts to enforce the orders typically represent an effective line of defence for victims of family violence. As it stands today, residents of most first nation communities cannot access these tools. I say “most”, because a handful of first nations have established and enforce laws in this area through authorities acquired in self-government agreements or through the First Nations Land Management Act. Nevertheless, the vast majority of on-reserve couples cannot access these orders because no court has the legal authority to issue them.

Bill S-2 would change this. For every other region in Canada, other than on reserve, family law is the domain of the provinces and territories. Legislation exists in most provinces and territories that deal specifically with violence and intimate relationships. Although the names of these laws, along with the specific legal instruments that they include vary from one jurisdiction to another, they all provide powerful forms of protection to victims of spousal abuse and violence.

In general, the laws authorize two types of protection orders: short-term and long-term. These orders, sometimes known as an intervention, prevention or victim assistance orders, can be obtained 24 hours a day, by telephone or appointment, from a trained justice of the peace. In many cases a police officer or a victim services worker can apply for the orders on behalf of the victim.

To me, the absence of legal protection on reserve is simply unacceptable. We have tolerated a legally sanctioned form of discrimination in Canada, for women and children and other victims, for far too long. It is one that has claimed and continues to claim victims. Bill S-2 will change this.

In order to understand the value of these orders, it is crucial to appreciate the larger context. An act of domestic abuse, such as a husband beating his wife, may be an isolated incident, but it is also part of a relationship's larger dynamic.

Domestic abuse is often a gradual and incremental process, and the frequency and seriousness of the violence tends to escalate slowly over the years, even decades. In many cases, abusers express deep remorse and promise to change, and then go on to break these promises.

For the victims of violence, it can take years to recognize that the violence will never stop and that the relationship is poisonous, dangerous and unsalvageable. Until victims come to this conclusion, though, they often cannot conceive of acting decisively by leaving the family home or by securing a court order to banish the abusive spouse.

The victims' long-term experience leads to the erosion of self-confidence, making it even more difficult to believe that they deserve better treatment, that they can find the courage to leave and that they can manage on their own.

Exclusive occupation and emergency protection orders provide the separation victims often need to heal and to make a new start. It is regrettable that the need for these orders remains so strong in 2013. Part of the reason for this sad reality lies in the history of how our society and legal system address relationships between spouses. As my hon. colleagues recognize, the law has not always protected the rights of women as it does today.

Of course, we all recognize that our laws have evolved dramatically over the years to reflect the needs and aspirations of Canadians, but the legacy of the past shapes our current circumstance. There was a time when Canadian women had few options in life. Living as independent citizens was virtually impossible, employment options were extremely limited and few of the jobs that were open to women paid a living wage. The vast majority of women married, and most went on to have children and to enjoy happy, fulfilled lives.

Women were assigned a specific role in society, were expected to fulfill this particular role and were respected for it. The laws at the time reflected this social norm. As norms have changed in recent generations, we have done much to eliminate outdated laws and attitudes. Bill S-2 would take us one large step further along this road.

Part of the legislation now before us addresses the link between spousal violence and matrimonial rights and interests. Over time, the laws governing matrimonial rights and interests have evolved to reflect new social norms. Yet, this type of evolution typically occurs in fits and starts, and the law usually lags behind progress in societal attitudes. This is because the impetus to amend the law often comes only from incidents and trends that the public considers repugnant; such as husbands being able to beat their wives with impunity.

Today, of course, Canadian attitudes about violence against women have changed dramatically. Violence against women is no longer socially acceptable, and the law reflects these attitudes to a large extent. This is why family law includes instruments such as emergency protection and exclusive occupation orders. These orders are designed specifically to address spousal violence and to complement the protections provided by the Criminal Code.

However, the authority for these orders exists only under provincial or territorial law. The Supreme Court ruled that these laws do not apply on first nation reserves. Bill S-2 proposes to fill this unacceptable gap and to help prevent the harsh reality experienced by so many victims.

Under Bill S-2, a spouse or a common-law partner residing on reserve could apply to a judge or justice of the peace for an emergency protection order. The order, enforceable by police, would exclude the spouse or common-law partner from the family home for a period of up to 90 days. The order may be extended once, for a period of time determined by a judge. Orders issued by a justice of the peace or a provincial court judge must be reviewed by the superior court as soon as possible.

The federal regime would authorize applications submitted by telephone or email to ensure that people living in remote communities could access the orders. The regime would also authorize a police officer or another appropriate person to apply on behalf of a spouse or a common-law partner. This provision would enable people who face dangerously unpredictable spouses or common-law partners to secure orders without exposing themselves to undue risk.

The regime would also enable people to apply for exclusive occupation orders, which could provide longer-term protection.

Exclusive occupation and emergency protection orders are only one part of the protection that Bill S-2 would provide. It would provide stability for women and their children, through continued access to the family home; continued connection to the community and extended family; access to services, children's programs and education facilities within the community; and the equitable distribution of marital real property assets. In addition, it would improve the ability of first nations to meet the specific needs within their communities.

A little more than 30 years ago, the members of this House laughed when one of their hon. colleagues raised the issue of violence against women and suggested that new laws were needed. The laughter caused a public outcry and inspired a host of changes, including legislation. Today, violence against women is widely recognized as a scourge.

Statistics Canada research indicates that aboriginal women are more likely than non-aboriginal women to suffer severe injuries, such as broken bones, inflicted by a violent spouse. Today, we have an opportunity to help eliminate a factor that contributes to this violence.

Canada has made substantial progress in the issue of violence against women, but much more remains to be done. While the factors that contribute to the issue are manifold and complex, there can be no doubt that emergency protection and exclusive occupation orders are effective, both as deterrents and as defensive mechanisms.

Today, we are seeking to eliminate a human rights issue. Through Bill S-2, we would finally be extending the same basic rights and protections to aboriginal women as all other Canadians currently enjoy.

I urge the opposition to stop denying aboriginal women equal rights and to vote in favour of this legislation.