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

[Francine Raynault, NDP, Joliette, QC]

Mr. Speaker, I shall be sharing my time with the member for Gaspésie—Îles-de-la-Madeleine.

One of the most conclusive proofs of Canada’s backwardness in its legislation respecting first nations comes quickly to light when we consider the issue of the division of matrimonial real property. In this case, as in many others, aboriginal people tumble into a legal void that illustrates the gap separating them from other Canadians.

Parliament has now been pondering the problems related to this legal void for 10 years. That is an eternity. We have much evidence at our disposal, and a plethora of reports from the Senate and the Standing Committee on Aboriginal Affairs and Northern Development, as well as private institutions.

Once again, unfortunately, the Conservative government does not seem to have done its homework, and Bill S-2 does not reflect any of the recommendations produced over the last decade. What is more, the bill is a new version of Conservative paternalism towards aboriginal peoples, since the government did not hold any consultations before drafting it.

The result is a bill that seems to have been written in haste on a restaurant napkin and may jeopardize the fundamental rights of women on reserves. For these reasons, I will be opposing Bill S-2 and encouraging the federal government to review its distressing approach to first nations.

Canada has already seen major legal proceedings rejected by the provincial courts, because provincial law cannot be enforced on aboriginal lands. The cases Paul v. Paul and Derrickson v. Derrickson, in 1986, are good examples. Some 17 years were to pass before the Senate issued a report on matrimonial real property on reserves. The report first identified the legislative void in question, which was not such a bad thing. However, it noted in particular that aboriginal women have no rights in the case of a marriage breakup and have no choice but to leave the home. The report recommended that provincial legislation apply.

Those are very fine ideas for an institution that seems more than ever to have let time pass it by. It might have been considered more useful had the government taken this study into account in drafting Bill S-2. However, since the government prefers to use the other house to reward its party friends, it may not have consulted its earlier deliberations.

No later than 2004, however, the Senate issued another report, the title of which is more explicit: “On-Reserve Matrimonial Real Property: Still Waiting”. In that report, the upper house stressed the need for early action with respect to matrimonial real property. Among other things, the report recommended that the issue be referred to the Standing Committee on Aboriginal Affairs and Northern Development, and so it was.

In 2005, the committee in turn issued a series of recommendations to solve the knotty problem of on-reserve matrimonial real property. Among other things, it recommended that the Assembly of First Nations and the Native Women’s Association be consulted on the development of new legislation or the amendment of the Indian Act; that financial assistance be provided to first nations to enable them to develop their own codes respecting real property and matrimonial assets; that any new legislation should not apply to first nations that had developed codes of their own; that the Canadian Human Rights Act be amended to include aboriginal persons living on a reserve; and that Canada recognize the self-government rights of first nations.

As anyone can see, these are excellent recommendations. Unfortunately, the Conservative government knowingly disregarded them when drafting Bill S-2. This is another shameful waste of public funds. The government has no vision of Canada to offer other than that of a “for sale” sign on the lawn of Parliament.

I say “waste” because the government has chosen to disregard the knowledge we have gained from extensive evidence and from reports that were carefully prepared by various players.

That is not all. In 2006, a report on the status of women put its finger on the problem by citing foreseeable barriers to the administration of an act respecting matrimonial real property on reserves. According to that report, the government should allocate adequate funding to implement such legislation, address the very serious housing shortage on reserves and conduct consultations. Those three essential factors are also not reflected in Bill S-2.

As long as they introduce pointless legislation, the members opposite should consider staying home. In 2006, a departmental report revealed that no consensus had been reached with regard to the legislative measures that should be taken to address the matter. It recommended, for example, that the competing jurisdictions model be used. However, the report specifically emphasized that the government should quickly determine the actual costs of administering provincial statutes on reserves, the solution advocated by the Senate.

The least we can say is that the government had the time it needed to consider the matter. The least we can believe is that it had everything it needed to develop a good bill. The least we can acknowledge is that Bill S-2 is largely inadequate under the circumstances.

This government has always taken an unconventional and paternalistic approach to first nations. I imagine we could not have expected otherwise. I know there are real solutions to the very real problems the first nations are experiencing, particularly as regards matrimonial real property.

There is an urgent need for us to develop a bill that provides quick access to recourse for communities that, in some instances, are far removed from urban and legal centres. We must put an end to violence against aboriginal women by developing a national action plan. We must provide better funding for communities that are part of the 2% and we must resolve the terrible housing crisis among the country's first nations.

A bill that does not take these considerations into account would be nothing but smoke and mirrors.

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

Mr. Speaker, I am very privileged to rise today in support of Bill S-2, family homes on reserves and matrimonial interests or rights act.

As a Canadian woman, I find it deplorable that, in 2013, men, women and children living in the majority of on-reserve communities have no legal rights or protections in relation to the family home. In situations of family violence, aboriginal women have often been victimized and kicked out of their homes with nowhere to go. This is why Bill S-2 is so important. It would finally provide the same basic rights and protections to individuals living on reserves, in the event of a relationship breakdown or upon the death of a spouse or common-law partner, that are available to all other Canadians.

Ultimately, Bill S-2 would remove a factor that contributes in no small way to violence against women living in many first nations communities. The proposed legislation would give these women similar legal protection to that enjoyed by other Canadian women, protection that we take for granted every day. The legislation equip them with the same legal tools and mechanisms that other Canadian women use to prevent and combat abuse and violence, particularly by spouses or common-law partners.

During its review of the legislation now before us, the Standing Committee on the Status of Women heard from a number of witnesses, including women who suffered as a result of this legislative gap. They include women such as Rolanda Manitowabi, a member of a first nation in Ontario. During her testimony, she described how she and her common-law partner built a home together and that she invested her life savings in the project. To protect herself, she got the band to issue her a document naming her as the owner of the property. However, when she and her partner separated, she was evicted from her home. It was at that time she found out that the document had no legal foundation. She stated, “...my son and I were thrown out of the house. I had no place to go. I was in a crisis.... This legislation would have helped...and it would have considered the impacts on my son. I hope [the bill is] available to help other women and children on reserves”.

The members of the committee also heard from Jennifer Courchene, a member of a first nation in Manitoba. Jennifer and her children became homeless after her abusive partner forced them out of their home. She told the committee:

I'm sure I'm not the only one who has gone through this in a first nation community. There are probably many, many other women who have gone through what I've gone through, and the story is pretty much the same: the woman loses the home. I'm not sure how other first nations communities are run, but if there had been something to help us, we would have taken it, rather than be homeless, that's for sure.

These are just two examples of women who have suffered as a result of a lack of legal protections on reserve. However, as Dr. Kim van der Woerd, a board member for the Young Women's Christian Association, described in her testimony, these women are not alone. She stated:

With respect to violence, aboriginal women experience spousal or partner violence at a rate three times higher than non-aboriginal women. With respect to housing, aboriginal women are more likely to experience homelessness than aboriginal men, and this homelessness is often related to their experience of violence and escape from violence.

Bill S-2 would go a long way to protect some of the most vulnerable people in Canadian society, specifically women and children living in first nations communities. It would close the legislative gap that continues to cause harm, and would give women like Rolanda and Jennifer, and the thousands of women like them, the legal protection they so rightly deserve, protection similar to what the law affords women who live off reserve.

Bill S-2 would provide aboriginal women two important legal tools to defend themselves: emergency protection orders and exclusive occupation orders. Currently, the law does not provide people who live in the majority of first nations communities with access to these orders.

Under the proposed federal rules, any spouse or common-law partner residing on reserve would be able to apply to a judge or justice of the peace for an emergency protection order. If credible evidence of family violence is presented, the court could issue an order that excludes a spouse or common-law partner from the family home for a period of up to 90 days, with the possibility of a one-time extension.

To ensure that people living in remote communities can access these orders, the federal rules would authorize applications submitted via telephone or email. The rules would also authorize a peace officer or another appropriate person to apply on behalf of a spouse or common-law partner. This provision would protect applicants facing dangerously unpredictable spouses or common-law partners. In past cases, a spouse or common-law partner who learned that an application has been made immediately lashed out, and the consequences have been tragic. By enabling a third party to make applications, this provision would mean that victims would not have to immediately confront violent spouses and possibly place themselves in danger.

Exclusive occupation orders would also provide for one spouse or partner to have exclusive access to the home and could be extended for longer periods of time. The court would determine the time period for each order that it grants. Many of the same conditions would apply. For instance, the person banned from the family home would have an opportunity to contest the order in court. The court would need to consider the broader context, such as the best interests of any children involved in the relationship, the history and nature of any family violence, and the financial and medical circumstances of the spouses or common-law partners.

These orders, the provisional federal rules and the rest of Bill S-2 are designed to ensure that Canadians who live on reserve would have protection and real matrimonial property rights similar to Canadians who live off reserve. The proposed legislation would promote the safety of children and caregivers who experience family violence. It would enable children to remain in the home and benefit from the stability that this provides, including the connection with the community and extended family, and access to services, schools and special programs.

This legislation is not about policy or funding levels. It is about eliminating the cause of injustice in closing a legal loophole that creates inequality and leaves aboriginal women vulnerable. It is about ensuring that all Canadians, whether they live on or off reserve, have similar protections and rights when it comes to family homes, matrimonial interests, security and safety.

It is my hope that the opposition will come to its senses, recognize the very important measures that are in this bill and vote in favour of Bill S-2.

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

Safe Drinking Water for First Nations Act

[Anne-Marie Day, NDP, Charlesbourg—Haute-Saint-Charles, QC]

Mr. Speaker, I want to commend the hon. member for Churchill, who gives her all every day defending aboriginal peoples, among others. She is the NDP caucus leader at the Standing Committee on the Status of Women. We just came from our review of Bill S-2, and she was able to share her vast knowledge on the subject.

Earlier, the hon. member talked about the importance of information. This concept was also raised this morning by the hon. member for Mississauga South. In her speech, she said that since we do not have enough trained people to do the work in the communities, such as installing sewers and water systems, which requires rather technical skills, we would train people there, either aboriginals or other people.

One of the challenges we are dealing with in the committee studying Bill S-2 has to do with money. People on site are being given responsibilities, but not the means to carry out those responsibilities.

I would like to hear what my colleague has to say about that.

[Niki Ashton, NDP, Churchill, MB]

Mr. Speaker, I am honoured to rise in the House to speak to a very important bill and a very important issue for the people I represent in northern Manitoba. I am honoured to represent the people of Churchill. That includes 33 first nations, first nations that are diverse, young with tremendous energy and tremendous opportunity. However, immense challenges exist on these first nations. Nowhere is that challenge more evident than the lack of access to safe drinking water, water services and sewage services on first nations.

When the reference to third world conditions is made, it is made because of the lack of access to safe drinking water that exists on many first nations in northern Manitoba. I think of the Island Lake community, four first nations that are isolated on the east side of Lake Winnipeg. I think of St. Theresa Point, Garden Hill, Wasagamack and Red Sucker Lake. All of these communities are growing, like many first nations, at a high rate. There are a lot of young people and young families. Overcrowding and lack of housing are very serious issues.

However, what is evident in these communities is the impact of the lack of safe drinking water in terms of health outcomes, in terms of broader indicators of quality of life, in terms of the mortality rate that unfortunately among first nations remains lower than the Canadian average. That mortality rate is connected to a number of factors, but the fundamental lack of access to safe drinking water is key.

It is unacceptable that in the year 2013, in a country as wealthy as Canada, that first nations, simply because they are first nations, lack access to a basic right, the right of clean water and access to safe drinking water. They lack access to the kind of infrastructure that would ensure a healthier lifestyle in line with that which all Canadians enjoy.

While members from the governing party have spoken to the disastrous indicators, what they fail to speak to is their own failure to uphold their fiduciary obligation to first nations, their own failure to live up to the treaties, to respect aboriginal and treaty rights in ensuring that first nations, no matter where they are, have access to safe drinking water.

Instead of recognizing that failure and investing in the kind of infrastructure that is necessary, investing in the kind of training that is necessary for first nations to be able to provide access to safe drinking water, the government has chosen to uphold its pattern of imposing legislation on first nations. Not only has it imposed legislation in this case, Bill S-8, but it has done so without consultation, without recognizing the tremendous concerns that first nations have brought forward with respect to previous iterations of the bill. Fundamentally it is disrespecting its commitments under the treaties, under the UN Declaration on the Rights of Indigenous Peoples, which it signed. Even more reason for concern is the fact it is putting first nations in even greater danger than they are already in.

We know that Bill S-8 provides no funding to improve water systems on reserve. This is shameful because, given the rhetoric that we hear from the government about commitments to first nations, the reality is that when it comes to making a difference for safe drinking water, the need for investment in infrastructure and investment in capacity building is extremely serious.

I was there in February this year, but I remember being in Little Grand Rapids a couple of years back where the water treatment plant operator talked to us about how the chemicals he needed to be able to make sure that the water was safe for his community to drink were going to run out halfway through the year. I have spoken to water treatment plant operators who have talked about the lack of access to training programs so that they can improve their skills, so they can have the knowledge and skill set to be able to provide safe drinking water for their community members.

I have heard from water treatment plant operators, sewage treatment plant operators and leaders in communities who have expressed real concern about their inability, with the little they are given from this federal government, to provide what is a basic standard of living to their people. That onus falls entirely on the backs of the federal government.

Unfortunately, this is a result of years of neglect by the previous Liberal government, the imposition of the 2% cap that was halted, and has frozen in many cases, the kind of funding that is necessary for first nations to operate, and has been very much continued by the Conservative government.

We have seen that first nations that are continuing to grow, where their needs are continuing to grow, are turning to a federal government that is not only not prepared to make the investments in infrastructure, but is actually imposing its colonial agenda to boot.

We are very concerned in the NDP that on Bill S-8, like previous bills, Bill S-2, and so many others that impact first nations, Bill C-27, the government has insisted on shutting down debate on these very important bills, preventing members of Parliament from speaking out on behalf of their constituents who would be negatively impacted as a result of this legislation. We believe that by doing so, it is also silencing the voice of the first nations in this House.

This practice has unfortunately also been applied to committees where the facts have not been heard because of the government's attempt to muzzle those who oppose its agenda.

We in the NDP also stand in solidarity with first nations that have decried the government's continued pattern in which bills affecting first nations also include a clause, and we see it in Bill S-8, that gives the government the ability to derogate from aboriginal rights. The clause says, “Except to the extent necessary to ensure the safety of drinking water on first nations land”.

It is unconscionable that a federal government that is charged with a fiduciary obligation to first nations, that is there to honour the treaty relationships it is party to, would go so far as to derogate from aboriginal rights, to be able to break that very commitment it has to first nations. That is a failure on the part of the government. First nations have risen up against this failure, through the Idle No More movement, and through activism and leadership that first nations have consistently shown, saying that they are opposed to the government's agenda, and Bill S-8 is one of those reasons if we look at it clearly.

We are also very concerned about the pattern of unilaterally imposing legislation. We recognize that the AFN, the Assembly of Manitoba Chiefs, a series of representative organizations of first nations have been very clear in their opposition to Bill S-8.

The reality is that the government is trying to change the channel on its own failed rhetoric around accountability and transparency, words that it cannot take to heart, given the recent scandals that have emerged. The government is trying to change the channel and put the blame on first nations.

When it comes to something as serious as access to safe drinking water, there is no room for these kinds of political games. The government should stand up, and instead of changing the channel, instead of imposing legislation, instead of breaking its commitment under the treaties and disrespecting aboriginal rights, it should work with first nations in partnership to make the investments that are necessary and obvious to ensure that safe access to drinking water exists in first nations communities the way it exists in communities across the country.

For the people of Island Lake, for first nations across this country, for all Canadians, we deserve better from the government.

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

Mr. Speaker, I do want to start by reviewing what our House has accomplished over the preceding five days since I last answered the Thursday question.

Bill C-51, the safer witnesses act, was passed at third reading. Bill C-52, the fair rail freight service act, was passed at third reading. Bill C-63 and Bill C-64, the appropriations laws, passed at all stages last night as part of the last supply day of the spring cycle.

Bill S-2, the family homes on reserves and matrimonial interests or rights act, has been debated some more at third reading. Bill C-60, the economic action plan 2013 act, no. 1, was passed at report stage. Bill S-8, the safe drinking water for first nations act, was passed at report stage, was debated at third reading, and debate will continue.

Bill S-14, the fighting foreign corruption act, was passed at second reading. Bill C-56, combating counterfeit products act, was debated at second reading. Bill S-15, the expansion and conservation of Canada’s national parks act, was debated at second reading. Bill S-17, the tax conventions implementation act, 2013, was debated at second reading.

On Bill C-62, the Yale First Nation final agreement act, we adopted a ways and means motion, introduced the bill, passed it at second reading and it has since passed at committee. I anticipate we will be getting a report from the committee shortly.

Bill S-16, the tackling contraband tobacco act, was given first reading yesterday after arriving from the Senate. Bill C-65, the respect for communities act, was introduced this morning.

Substantive reports from four standing committees were adopted by the House.

On the private members' business front, the House witnessed three bills getting third reading, one being passed at report stage, two being reported back from committee and one was just passed at second reading and sent to a committee.

Last night was the replenishment of private members' business, with 15 hon. members bringing forward their ideas, which I am sure we will vigorously debate.

The House will continue to deliver results for Canadians over the next week. Today, we will finish the third reading debate on Bill S-8, the safe drinking water for first nations act. Then we will turn our collective attention to Bill S-15, the expansion and conservation of Canada’s national parks act, at second reading, followed by Bill S-2, the family homes on reserves and matrimonial interests or rights act, at third reading.

Tomorrow we will have the third reading debate on Bill C-60, the economic action plan 2013 act, no. 1. The final vote on this very important job creation and economic growth bill will be on Monday after question period.

Before we rise for the weekend, we hope to start second reading debate on Bill C-61, the offshore health and safety act.

On Monday, we will complete the debates on Bill S-15, the expansion and conservation of Canada’s national parks act, and Bill S-2, the family homes on reserves and matrimonial interests or rights act.

Today and next week, I would like to see us tackle the bills left on the order paper, with priority going to any bills coming back from committee.

As for the sequencing of the debates, I am certainly open to hearing the constructive proposals of my opposition counterparts on passing Bill S-6, the First Nations Elections Act, at second reading; Bill S-10, the Prohibiting Cluster Munitions Act, at second reading; Bill S-12, the Incorporation by Reference in Regulations Act, at second reading; Bill S-13, the Port State Measures Agreement Implementation Act, at second reading; Bill S-16, at second reading; Bill S-17, at second reading; Bill C-57, the Safeguarding Canada's Seas and Skies Act, at second reading; Bill C-61, at second reading; and Bill C-65, at second reading.

Mr. Speaker, I am looking forward to having another list of accomplishments to share with you, and all honourable members, this time next Thursday.

Suffice it to say, we are being productive, hard-working and orderly in delivering on the commitments we have made to Canadians.

There having been discussions among the parties that it will receive unanimous consent, I would like to propose a motion. I move:

That, notwithstanding any Standing Order or usual practices of this House, the member for Peace River be now permitted to table the Report of the Standing Committee on Aboriginal Affairs and Northern Development in relation to Bill C-62, An Act to give effect to the Yale First Nation Final Agreement and to make consequential amendments to other Acts.

[Anne-Marie Day, NDP, Charlesbourg—Haute-Saint-Charles, QC]

Mr. Speaker, I listened carefully to the hon. member's speech.

She spoke in particular about the consultation process. Conservatives often say that they held broad consultations that cost so many millions of dollars. Yet, oddly enough, first nations, among others, often say they were not consulted as they would have liked.

In committee, while studying Bill S-2, for example, I heard the Conservatives say totally absurd things. They said they had talked to their husbands, their sons or their sisters. This was the kind of comment that kept cropping up. There seems to be a need to define what constitutes real consultation.

I would like the member to talk about this. If she is saying that there has not been enough consultation while the Conservative Party says the opposite, there may be a misunderstanding. Could the member tell us more?

Sitting Resumed

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

Mr. Speaker, it is one thing to debate a bill and we are to debate a bill on its own merits, but the sanctimony and hypocrisy coming from that side of the House is mind-boggling.

The member said let us look at ourselves in the mirror. Let me remind her, this bill started off as Bill C-47. What happened to it? It died on the order paper because the Prime Minister called a sudden election in 2008. It came back as Bill C-8. It died again on the order paper. Why? Because the government prorogued in December 2009. It came back again, this time as Bill S-4. They had seven months and the Conservatives did not do a thing with it. It came back as Bill S-2 in May 2011. It has been there almost two years. What did they do?

But now we are in a big rush. What does the government have to say about the priority of the bill?

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

Mr. Speaker, I will be sharing my time today with the member for Saskatoon—Rosetown—Biggar.

I want to take a few minutes as I begin to speak on Bill S-2, the bill that would give real matrimonial property rights to aboriginal women and men living on reserves, and talk a little about why this bill is so important to me personally.

I get very emotional whenever I stand to speak about this. I feel very passionate about it. My granddaughter, Arcaydia Faith, is a baby girl of just over a year old, and she is of aboriginal descent. My son's girlfriend, a beautiful young aboriginal woman named Tamara, is a status Indian. When I look at my granddaughter, Arcaydia, and I look at her beautiful mother, Tamara, who together with my son are trying to build their lives, and I realize that my granddaughter and her mother do not have the same rights as I do as a Canadian woman just because they are born as status Indian women, it saddens and troubles me, and it literally breaks my heart.

It breaks my heart not just for these two aboriginal women who are part of my family but, more importantly, for the tens of thousands of aboriginal women and, frankly, men who are victimized over and over again because of who they are and because of their Canadian status.

When I speak about this issue and when I hear the opposition say it is not aboriginal women talking about aboriginal rights, as Canadians we do not accept that argument anymore. We are here, standing up for those who nobody else will stand up for.

On this side of the House we are standing up for them, and as a grandmother and as a mother, I am standing up for my aboriginal granddaughter and her mother. I am very proud to do so. I will do it for as long as I can, until we see the same rights that are afforded to every other Canadian afforded to aboriginal people.

As well, I want to say this does trouble me. I have a lot of respect for many of the opposition members who I believe are here for very solid and good reasons, but it does sadden me deeply when they oppose this legislation. I think if they looked at themselves in the mirror, they would know they do not have any good reason to oppose it.

I will also say I am very disappointed there has not been more coverage of this issue in the media. I do panels, almost on a weekly basis. I do news panels on the RCMP. I do news panels on prisoners and all kinds of very interesting topics. Why are we not doing panels and why are we not talking about Bill S-2 and the rights of aboriginal women?

We should be talking about this day and night for the next several weeks. We should have been talking about this. I am troubled. I think it begs the question that maybe we all have to look in the mirror. Why is it that aboriginal women in this country deserve to be virtually ignored not only by the media but sadly also by the opposition who I believe are here for the right reasons?

I challenge the opposition members to stand up and have the courage to maybe vote against their leader, maybe vote against their party, and do the right thing and support aboriginal women and the rights of aboriginal women on reserve.

I do want to take few moments to talk about what our government has done in terms of consultation. I think it is important that we look at the statistics on what aboriginal women face.

Approximately 15% of aboriginal women in 2009, in a marriage or with a common-law partner, reported that they had experienced spousal violence in the 5 previous years. This is a very serious and relevant issue. 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 weapon, and 52% of aboriginal women reported they felt threatened and feared for their lives.

Bill S-2 is designed to address this very real need in first nations communities for fair matrimonial rights and interests. It proposes not only to protect today's victims but also to prevent similar injustices from occurring in the future.

Bill S-2 and its implementation plan have been meticulously developed to take into account the realities of life on first nations reserves. For example, due to the remoteness of many first nations communities, the regulations under this legislation would enable an individual to secure an emergency protection order by telephone, email or fax.

Right now they could be crying for help, they could be phoning, and there is no protection order for them. Not only would this bill bring in the ability for a protection order, but it could actually be acquired by telephone, email or fax for emergency protection. Bill S-2 would also authorize a peace officer or other appropriate person to apply on behalf of a spouse or common-law partner, again providing that support that is so needed in times of crisis.

In addition, the government plans to support the implementation of the legislation through education and training. Front-line police officers would be given tools, policies and training to effectively enforce relevant laws governing matrimonial property rights. Education material and opportunities are also planned for provincial and territorial superior court judges. This would provide judges with a clear understanding of relevant on-reserve social issues, along with Bill S-2 and first nation laws.

There is a two-part phased-in approach proposed for the implementation of Bill S-2. The first part would allow courts to apply first nations' laws. This is very important and something that we recognize. The second part is a provisional federal regime that would apply to those communities that have yet to develop laws related to matrimonial rights and interests. The federal regime would not take effect until 12 months after Bill S-2 becomes law. The end result, however, would be that laws that protect the matrimonial rights and interests of all Canadians, aboriginal or non-aboriginal, regardless of where they live, would occur.

Some first nations currently deal with family violence issues by bringing an independent third party into the household to help resolve disputes, and their laws would continue this process. First nations would be free to create laws that align with their traditions and cultures. Laws developed under the mechanism proposed in Bill S-2 must satisfy only a few criteria. They must be endorsed by a majority of members in a free and open referendum, and they must respect the Canadian Charter of Rights and Freedoms and the Canadian Human Rights Act.

I do not think anyone could argue that aboriginal people should not have the same rights that we enjoy under the Canadian Charter of Rights and Freedoms or under the Canadian Human Rights Act. To suggest the opposite, some would say is not only unfair but extremely discriminatory.

To support this empowering and culturally sensitive approach, our government would fund the creation of a centre of excellence for matrimonial real property. With the centre of excellence, first nation communities would have support and resources as they draft their own regimes. During its life cycle the centre of excellence would become an important resource to synthesize important tools, communications and research activities, and assist first nation communities and organizations in the development and application of the new legislation.

In addition to its critical role as a central resource, the centre of excellence would be supported by an advisory committee comprised of key stakeholders, such as the Government of Canada, aboriginal organizations, non-governmental organizations and centre of excellence staff. The committee would provide non-binding guidance on the direction of the centre in such areas as research and implementation related activities.

By endorsing Bill S-2 we could close this deplorable legislative gap and start the real and necessary work required to prevent the gap from claiming new victims, while putting an end to the pain and suffering that countless children and women are currently experiencing. It is time that all Canadians, regardless of where they happen to live, have access to a process to help them receive protection from domestic violence and abuse.

Clearly, Bill S-2 would provide first nations women with rights and protections in situations of domestic abuse. It is an essential part of any effective solution of violence against women and children. We talk about that so much in the House, whether it is murdered or missing aboriginal women, or violence against women and young girls in other parts of Canada. This is a very direct thing that we can do to help women on reserve.

I hear words like “we need to consult” and “culturally appropriate” and “treaty rights”. All of those things are extremely important, but imagine a young aboriginal woman having someone look her in the eye and say, “You don't have the same rights as every other Canadian because of who you are, because of your ethnicity, because you were born a status Indian and in Canada we are not going to protect that”.

That is what the opposition is saying. I ask them to reconsider and to pass this. We are going to do everything we can to pass the bill. I think we have the votes to do it, but more importantly, what a wonderful strong message it would send to aboriginal women if the opposition stood together with us and as one Parliament of Canada we support it and say, “Aboriginal women, we are here for you. We will not turn our backs on you, no matter what opposition we have”. I ask the opposition to do that.

[Claude Gravelle, NDP, Nickel Belt, ON]

Mr. Speaker, I am happy to speak to Bill S-2, an act respecting family homes situated on First Nation reserves and matrimonial interests or rights in or to structures and lands situated on those reserves.

My party is opposed to Bill S-2, now at third reading stage. I will give context to the bill, my debate and my contribution.

There are four first nations communities in my riding.

The first one, Nipissing First Nation, is situated between Sturgeon Falls and North Bay along Highway 17 east, and the chief is Marianna Couchie. I specifically will be quoting Chief Couchie later on in my speech because she is the only female chief in my riding. Members will find what she has to say about Bill S-2 very interesting.

The Nipissing First Nation is a good and very modern reserve. There are a lot of small businesses and some very nice land situated along Lake Nipissing. It is a very progressive first nation.

Another first nation community is the Wahnapitae First Nation, and the chief is Ted Roque. It is situated along Lake Wahnapitae in the riding of Nickel Belt. It works very closely with the mining companies on its land or close to it. It does the water monitoring for the mining companies. The first nation hires some of its own people to do the work, to monitor the water in its reserve or close to it.

The third first nation community in my riding is the Whitefish Lake First Nation, located in Naughton, on Highway 17 west. The chief of that first nation is Steve Miller. Again, it is a very progressive first nation. It is building homes, a subdivision, with the help of Mike Holmes, the famous builder we see on television regularly building energy-efficient homes.

The last first nation community in my riding is the Mattagami First Nation and it is situated on Highway 144 west, next to Gogama. Its chief is Walter Naveau. The Mattagami First Nation is also very progressive and it has an agreement with a mining company, IAMGOLD, which is developing an open pit on its traditional land. The first nation has signed an agreement with this company, which is probably one of the best agreements signed with first nations and a mining company. The Mattagami First Nation will be helping with the development of this open pit.

With respect to this legislation, I will read what Chief Couchie from Nipissing First Nation had to say. She emailed me some information about matrimonial homes last night. She said:

There are some certainties that NFN would like to ensure. We already have our own Matrimonial Rights Property policy in place, that occured quite a few years ago around 2004. (I am concerned about) Will this new Bill have an impact on our Existing MRP Policy?

When we enacted our MRP two matters were of precedent.

1. The safe guarding of the right to preserve for ever our Land.

2. In our Policy/Act the children if they have status own the family home and which ever parent is prepared to raise the children in the family home can do so.

That means that if the mother is a non-native and the father is native, the mother, if she so wishes, can raise the kids in the family home. Chief Couchie continued:

Implicit in the 2nd matter is that if this is a marriage of a Status man and a non Status women. It the non-Status women is going to raise the child or children then she has the right to live in the matrimony home. This woman can never gain control of the land of the house, both have to be transferred in the name of the child or children).

Chief Couchie concluded:

I do, and others at the Nation, worry that the Bill is just another tactic to take our land; our Homeland!

This current government is trying in every way it can to under mine our Treaty and Inherent Rights.

The Conservative government still views First Nation peoples as “a problem”.

The Fundamental question is when will the government stop undermining our Rights and start to recognize that we have rights enshrined in Laws and Treaties. They should just change their plans and leave our lands and Rights alone.

It would be even better if the government entered in to a truly respectful dialogue.

With respect to this legislation and how the Conservative government treats first nations, I have said it before and I will say it again. We, as a country, need to get this relationship right. Until we do, we cannot move forward in any meaningful way as a country. The Conservative government's failure to consult and to recognize treaties and rights continues to be the stumbling block to progress.

As important as apologies are for wrong past behaviour, there is no real walking the walk with the Conservative government on these matters. Despite several good reports, consultations and previous legislation, the government fails to listen here.

The federal Conservatives went to the trouble of consulting with first nations and the Native Women's Association of Canada on matrimonial real property, but ignored the results of the consultation when preparing the original legislation. While this iteration of the bill removes some of the most onerous parts of previous legislation attempts, it still refuses to recognize first nations' inherent rights and jurisdiction in this matter.

The opposition to this legislation should give the government pause to consider moving forward. There is opposition from the Native Women's Association of Canada and the Assembly of First Nations. There is opposition from many nations across the country.

Listen to Ms. Jennifer Courchene, in testimony to Parliament on April 30, 2013:

I'm not sure about the politics of this legislation, this bill. I just know that there should be something in place to help. I'm sure I'm not the only one who has gone through this in a first nation community. There are probably many, many other women who have gone through what I've gone through, and the story is pretty much the same: the woman loses the home. I'm not sure how other first nations communities are run, but if there had been something to help us, we would have taken it, rather than be homeless, that's for sure.

This legislation and the recent budget would not provide any of the necessary resources to take care of the fundamental problem. Bill S-2 is the fourth version of similar legislation that the Conservatives have tried to pass since 2008. The NDP has opposed these every time they came up for debate.

There are fundamental principles that need to be adhered to in addressing matrimonial rights and interests on reserve. Unfortunately, I will not have time to name all of these concerns from the Assembly of First Nations, Mr. Speaker, because you have given me the one minute signal, so I would be happy to answer any questions.

[Pierre-Luc Dusseault, NDP, Sherbrooke, QC]

Mr. Speaker, I want to thank my colleague for the question.

During my speech, I did not have time to get to this very important point. This legislative measure will take effect in 12 months. Through an amendment, which was rejected, we tried to change this time period to three years in order to allow first nations to have their own measures in their respective bands and decide for themselves how to proceed.

Unfortunately, most of the witnesses said that these places did not have any resources to implement internal measures within the various bands in order to improve the situation.

In my opinion, this is inconsistent with our current laws, which call for consultation first and for aboriginal reserves to be masters of their own laws. Bill S-2 would come into effect on all the reserves after one year, and they will not have made any decisions on their own internal measures.

There are serious constitutional problems, according to one of the witnesses that the hon. member for Brome—Missisquoi alluded to.

[Pierre-Luc Dusseault, NDP, Sherbrooke, QC]

Mr. Speaker, I would first of all like to say that I will be sharing my time with the brilliant, the incomparable and the irreplaceable member for Nickel Belt. He will have half of my speaking time.

Bill S-2 comes from the Senate, hence the “S” before the bill number. This means that the process was started in the Senate. I will not be spending too much time talking about the Senate and whether or not it has a role to play here. I think everybody already knows the NDP's position on this issue.

I think that it is the elected officials in the House of Commons who should put forward bills as often as possible. This bill has already appeared in other forms in previous Parliaments. The Senate took it up again, probably at the request of the government, for reasons that I have not yet figured out. In my view, it is the right of elected officials to introduce bills.

Unfortunately, there is an additional process. We always have to send our bills to the Senate, which spends thousands—if not millions—of dollars to do just about the same job as we do here, that is, to study bills.

Frequently, the other chamber hears the same witnesses and conducts the same studies as we do. I will not elaborate much on this, because I know it is not the point today. However, I would simply like to point out that every time we consider a bill that starts with the letter “S”, it means that it was introduced in the Senate.

As I was saying earlier, this is the fourth version of a piece of legislation that the Conservatives have been trying to get through Parliament since 2008. The NDP has opposed each one of these bills when they have come up for debate. This is nothing new.

The Conservatives are showing their ideological blindness. They seem to hide behind their ideology and they do not seem to understand common sense, the truth or the arguments that we put forward. They seem to be caught in their own ideology and cannot get out of it, unfortunately, even though we try to make them see reason with our speeches.

Today, the point of my speech is to show the government the many flaws in the bill and help the government understand why parliamentarians should not vote in favour of the bill in its current form.

A number of people have already spoken about the bill, primarily in committee or here in the House of Commons. As I said earlier, these are essentially the same people who go to the Senate to present their point of view.

Opinion on the bill is far from unanimous. It seems that the objective of the bill is a good and laudable one. All members in the House are in favour of equal rights for women, whether they live on reserves or elsewhere. No one opposes that laudable objective. However, since the present bill is flawed, it will improve the situation only slightly, if at all. That is why a number of people, a number of experts who live in these aboriginal communities every day, made presentations and came out against the bill.

When the government wants to propose legislation and make decisions, it absolutely has to initiate negotiations or hold consultations. The government did hold a few consultations regarding earlier bills, but unfortunately, no consultations were held regarding Bill S-2, which we are discussing today, although it is very similar to the earlier bills.

In spite of all the consultations, it seems that the testimony of the people who expressed their views has not been taken into consideration. In committee, they said the bill had problems and they therefore could not support it. I will come back to the more specific positions taken by certain witnesses later.

Another somewhat more technical thing caught my attention. In this version, the bill concerning first nations matrimonial real property has a lower ratification threshold. In the previous bills that tried to do the same thing as Bill S-2, a majority of band members had to vote for the law, that is, 50% plus one. In the present version, Bill S-2, the law must be approved by a simple majority of those who voted, with a participation rate of at least 25% of eligible voters. This is a slight change and is relatively difficult to find, but it is rather important. The ratification threshold has been lowered from 50% to 25%. That is really quite surprising. Is it because the Conservatives are afraid of the results? Are they afraid of what the first nations will be deciding in their own democratic bodies? I offer that as a possibility.

There are other reasons why the NDP opposes this bill. In fact, all of the leading first nations organizations, whose members will be affected by this bill, do not support it because they do not think it will succeed in protecting women against violence. It also infringes on the inherent rights of female first nations members. I am not the one saying that; first nations organizations are saying it.

Those organizations oppose this bill for several reasons. We could mention the lack of financial resources to help first nations governments implement the law or the lack of funding for lawyers or to take into account limited access to provincial courts, for geographic reasons. That is an important point, because aboriginal communities are often in remote areas and what the bill is trying to do is not as simple as the government might think. Sometimes, it seems to be a simplistic solution to a much more complex problem, particularly for aboriginal communities in very remote areas.

We could also talk about the lack of housing on the reserves and the lack of the land that would be needed to provide both spouses with separate houses on the reserves. We could talk about the lack of capacity to implement the law, particularly in remote areas, as I was saying. We can also see the lack of provincial courts that are capable of managing the complexity of the reserves’ land codes and the lack of funding to help women who have to buy their shares back from their partners when they are given access to the house. There is also the lack of resources for alternative dispute resolution mechanisms and the lack of extra housing on the reserves.

I have listed several reasons why first nations organizations have criticized Bill S-2. They are also reasons why we, as a party and as the official opposition in the House of Commons, have to oppose this bill.

Once again, the Conservatives are taking a paternalistic, confrontational approach to impose their legislative agenda. That is why the NDP will not support any bill concerning matrimonial real property unless it is accompanied by non-legislative measures to solve these serious problems. What needs to be done includes providing speedy access to remedies; ending violence against aboriginal women by developing a national action plan; managing the housing crisis on reserves and funding shelters for women; providing better access to justice, including increased funding for legal aid; increasing financial resources to help first nations governments enforce the law; and providing better access to alternative dispute resolution methods.

These are all reasons why we cannot support this bill. Legislation alone is not what is needed; measures that go beyond legislation, meaningful measures to help all first nations with their everyday reality, are also called for.

The Native Women’s Association of Canada, the Assembly of First Nations and the national aboriginal women’s summit are all organizations that have very strongly criticized the bill brought in by this Conservative government, which is congratulating itself today on listening to the first nations when we can clearly see that the responses show the opposite to be true.

[David Sweet, Conservative, Ancaster—Dundas—Flamborough—Westdale, ON]

Mr. Speaker, I have a specific technical question for the member.

Bill S-2 seeks to extend matrimonial real property rights and interests and access to emergency protection orders and occupation orders to individuals living on reserve.

While some have called the bill paternalistic, it would provide first nations with the ability to enact legislation on the topic of matrimonial real property rights that could be legally upheld in court.

Would you please provide us with more information about how Bill S-2 would enable first nations to enact their own laws on the topic of on-reserve matrimonial property rights?

[Stella Ambler, Conservative, Mississauga South, ON]

Mr. Speaker, it is a privilege today to speak in support of Bill S-2, the family homes on reserves and matrimonial interests or rights act.

The legislation before us has been crafted to meet the specific challenges presented by the fact that over two decades ago the Supreme Court ruled that provincial or territorial matrimonial real property does not apply to first nations reserve lands.

I feel particularly proud as a member of both the parliamentary Standing Committee on Aboriginal Affairs and Northern Development and the Standing Committee on the Status of Women. That is the committee that was fortunate enough to hear about this bill in detail and to hear from some of the victims and those people who supported the bill. We also heard from those in opposition to the bill. I want to address some of those comments, which I am hearing today from the opposition as well.

I find it shameful that there are people in this House who would not vote for this bill. It addresses a long-standing legislative gap with regard to matrimonial property rights. As the Minister of Health just stated, this is long overdue.

I want to talk about a mechanism in the bill that would provide for courts of law to apply matrimonial real property laws on reserve where there are none.

Specifically, I want to talk about the fact that first nations could develop their own laws if they so wish. They could do that while meeting the specific needs of their communities. First nations could determine the content themselves with the help of their councils and leadership. What they would need to do is earn the majority support among eligible members in a public vote. This process is public and out in the open. That is a very important provision in the bill.

Another important provision is the 12-month transition period that was added in direct response to a request from first nations to have it built in. We know that many first nations are quite advanced in developing their own laws, so this allows them a 12-month period to do so before the provisional federal rules would take place. If that is the case, 12 months after Bill S-2 comes into force, the provisional federal rules would come into effect so that those communities that had yet to enact a law of their own under Bill S-2 or some other legislation such as the First Nations Land Management Act would also have a law on this subject. All first nations citizens would have access to the same protections and rights as I and other Canadians have, regardless of where they live in Canada. This is the right thing for us to do.

It is important to recognize that Bill S-2 would not require first nations to enact laws that are identical to the federal rules. To do so would essentially defeat much of the collaborative work that has gone into the proposed legislation, which is years of analysis, consultation and engagement.

Through these collaborative efforts, a clear consensus emerged that first nations must be able to develop their own laws on the issue if they so wish. It is impossible to overestimate the value of this provision. First nations could enact laws tailored to their needs and cultural traditions. As an example of how a first nation could personalize the law, it could grant a role to a council of elders to resolve disputes.

In the case where a first nation does not pass its own laws related to matrimonial real property, the bill would provide for the application of provisional federal rules. That would be fine too. First and foremost, these federal rules are designed to protect individuals who have far too often been victimized by the lack of relevant law, particularly women and children. The federal rules would provide spouses or common-law partners with an equal entitlement to occupy the family home. Should the relationship end, each spouse or partner would be entitled to equal shares of the value of all matrimonial interests and rights, including the family home.The rules would also ensure that the family home could not be sold or remortgaged without the consent of both spouses or partners.

These provisions would prevent a scenario that has become all too common in recent years: one partner or spouse sells the family home and keeps the proceeds, leaving the other partner or spouse impoverished and homeless.

We heard this situation time and again in the status of women committee. It was heartbreaking to hear these women. Their lives will never be the same. Some of them are still paying their fair share of this family home that they have been thrown out of by their former partners. It is shocking. It really is.

I want to talk about two other provisions in the bill that would do much to protect family members when there is violence as well.

The first involves emergency protection orders. We have heard the Minister for Status of Women talk about these provisions often, because she knows how effective they would be in dealing with this issue. Specifically, the order would be issued by a court and would be enforceable by police or peace officers. It would exclude a spouse or common-law partner from the family home for up to 90 days, with the possibility of an extension if necessary. The orders would be made in urgent situations when violence has occurred or is imminent.

A second and similar instrument would be the exclusive occupation order, also in the bill. This would again be fully a enforceable court order that excludes a spouse or partner from the family home for a specified term.

In both cases, the excluded spouse or common-law partner would be able to contest the order in court.

Also, the federal rules proposed in Bill S-2 would address the often difficult issue of who can occupy the family home after a spouse or common-law partner passes away. As unfair as it seems, there have been cases in which a widower has been forced out of the home upon the death of his wife. Therefore, under this proposed federal regime, the surviving spouse or common-law partner could remain in the home for at least 180 days.

The government believes that what has been proposed would also balance individual rights and interests with collective rights of first nations. Bill S-2 stipulates that a first nation would have the right to make representation to the court on its collective rights on its reserve land as well as on any relevant cultural, social or legal matters not relevant to a case heard under the federal rules. This provision would not apply, however, in cases involving emergency or confidentiality orders, which I believe is entirely appropriate, given that emergency orders can sometimes involve life-threatening situations.

I believe that there is built into this bill respect for the collective rights of first nations. For example, non-members would not be allowed to acquire permanent interests in reserve land, nor would they be able to benefit from the value or appreciation of that land.

There would be one exception, which is that if a non-member has contributed to the improvement of the land that he or she held together with a former spouse, that person may be entitled to some compensation. That entitlement would apply only to improvements, not to the original value of the land.

Finally, this is the fourth version of a bill that has come before Parliament on this issue. Bill S-2 includes amendments, making the previous bills even better, and of course extensive consultation took place.

I echo the words of the Minister of Health when I say that it is time to stop debating this issue and time to take action. It is time to pass this bill.

The legislative gap has hurt families and entire communities, and there have been individuals on first nations for more than 25 years without the same rights that I and other members enjoy. Let us stop the pain and suffering caused by this legislative gap. This pain and suffering can often lead to homelessness and poverty. Again, this measure is long overdue. I urge my colleagues on all sides of the House to join me in supporting this legislation, Bill S-2.

[Leona Aglukkaq, Conservative, Minister of Health]

Mr. Speaker, I will be splitting my time with the hon. member for Mississauga South.

As an aboriginal woman, I am pleased to have the opportunity today to speak about the importance of Bill S-2, the family homes on reserves and matrimonial interests or rights act.

The basic principle behind the legislation is very simple. It is about the equality of non-aboriginal people and aboriginal people when it comes to matrimonial rights. It is about access to the same basic legal protection for those living on and off reserve. Everywhere else in Canada there is a legal protection when a marriage or common law relationship breaks down or a spouse or a common law partner dies, except on reserves. Provincial legislation ensures that matrimonial real property assets are distributed equitably, for instance, and that children and spouses are protected. But there are no similar family laws to speak of in first nation communities.

Aboriginal women have been waiting for this legislation for a long time. It is simply appalling that this legislative gap still exists in Canada in 2013. They deserve to have the same rights as non-aboriginal people in Canada. Our government believes that Canadians should not be denied access to basic rights and protection simply because of where they live.

That is why our government is responding to the call of aboriginal women. Parliamentary committees, international bodies, even the Manitoba NDP, have called for urgent action to finally eliminate the long-standing legislative gaps that have caused much pain and indignity. As hon. members of the House must recognize, Bill S-2 does not simply speak to the principles of fairness, equality and respect. It will also have a direct and positive impact on people's day-to-day lives during a family crisis.

Bill S-2 would protect the right of married or common law couples living on reserve in the event of the breakup of their relationship or a death. It would provide an equitable division of matrimonial real property assets, and in the case of violent and abusive relationships, it would protect the spouse and children by authorizing the court to grant an individual spouse exclusive occupation of the family home. Until an appropriate matrimonial rights and interests law is in place, spouses or common law partners living on most reserves in Canada will have no legal protection and rights in the event of separation, a divorce, death or domestic violence.

In our great country, it is outrageous that there are still individuals, mostly women, who do not have the legal means to defend themselves in situations of spousal violence and who have limited rights when it comes to protecting their matrimonial real property and interests in the event of a marital breakdown.

As parliamentarians, we cannot and must not allow this state of affairs to continue any longer. Now is the time to act, because innocent women and children have suffered long enough and because we do not want this legislative gap to claim any more victims. Every day that goes by leaves thousands of aboriginal men, women and children across our country vulnerable and without the same protection as anyone else in the House takes for granted.

More than 25 years have passed since the 1986 landmark ruling in two cases: Paul v. Paul and Derrickson v. Derrickson. The Supreme Court of Canada ruled that provincial family law cannot be applied to homes and real estate on reserves. It is shameful that the opposition does not share this same sense of urgency in supporting legislation that would give these same rights and protections to aboriginal women and children who might otherwise be left homeless and poverty-stricken.

Consider that in a first nations community, when a marriage or a common-law relationship breaks down and an individual, usually a woman who is often accompanied by children, is forced from the home, she has no legal recourse. If the house is sold and the spouse retains all the proceeds, no court can help her.

Jennifer Courchene, a first nations woman, is one of those women who have suffered as a result of this legislative gap. She was evicted, with her children, from the family home by her husband. She told the standing committee on status of women that a judge wanted to help but his hands were tied. She lost the family home. Jennifer and her children needed, and rightly deserved, legal protection similar to what the law affords women who live off reserve.

Bill S-2 is designed to ensure that Canadians who live on reserve have similar matrimonial rights and protections to those who live off reserve. It would promote the safety of children and caregivers who experience family violence. It would give these women the same legal tools that help other Canadian women prevent and combat abuse and violence from spouses or common-law partners. Along with matrimonial real property rights, the bill would ensure continued access to the family home for women and their children after a marital breakup. Legal instruments, such as emergency protection orders and exclusive occupation orders, would also be available.

Parliament has spent ample time reviewing, amending and debating Bill S-2 and its previous legislation. The time for study and delay has passed. Now is the time to act.

The fact is that no one disputes the need for this legislation or criticizes the bill for what it does, which is finally filling a legislative gap that has existed for more than 25 years. It would provide individuals living on reserves with the same basic rights and protections as all other Canadians. Yet, instead of getting behind this bill, the opposition continues to oppose equality for all Canadian women, whether they be aboriginal or non-aboriginal. It continues to oppose the bill.

I would respectfully urge the members opposite to recognize the urgency of this situation, and to vote in support of this bill and for extending basic equal rights to thousands and thousands of aboriginal women, men and children.