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 bill was last introduced in the 41st Parliament, 1st Session, which ended in September 2013.

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

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.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

June 11, 2013 Passed That the Bill be now read a third time and do pass.
June 11, 2013 Failed That the motion be amended by deleting all the words after the word “That” and substituting the following: “the House decline to give third reading 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, because it: ( a) is primarily a Bill about the division of property on reserve but the Standing Committee on the Status of Women did not focus on this primary purpose during its deliberations; ( b) fails to implement the ministerial representative recommendation for a collaborative approach to development and implementing legislation; ( c) does not recognize First Nations jurisdiction or provide the resources necessary to implement this law; ( d) fails to provide alternative dispute resolution mechanisms at the community level; ( e) does not provide access to justice, especially in remote communities; ( f) does not deal with the need for non-legislative measures to reduce violence against Aboriginal women; ( g) makes provincial court judges responsible for adjudicating land codes for which they have had no training or experience in dealing with; and ( h) does not address underlying issues, such as access to housing and economic security that underlie the problems on-reserve in dividing matrimonial property.”.
June 4, 2013 Passed That, in relation 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, not more than five further hours shall be allotted to the consideration of the third reading stage of the Bill; and that, at the expiry of the five hours provided for the consideration of the third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.
May 27, 2013 Passed 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, {as amended}, be concurred in at report stage [with a further amendment/with further amendments] .
April 17, 2013 Passed That the Bill be now read a second time and referred to the Standing Committee on the Status of Women.
April 17, 2013 Passed That this question be now put.
April 17, 2013 Passed That, in relation 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, not more than one further sitting day shall be allotted to the consideration at second reading stage of the Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Sitting ResumedFamily Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

June 4th, 2013 / 12:40 p.m.
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London North Centre Ontario

Conservative

Susan Truppe ConservativeParliamentary Secretary for Status of Women

Mr. Speaker, Bill S-2 is, first and foremost, about protecting women, men and children who live on reserve. Providing them with basic protections for matrimonial real property interests and rights is something that needs to be done now.

They can spin this any way they want, but the fact is that women on reserve need to have the same rights that he has, that his colleagues have and that I have. It is shameful that the members of the opposition would vote against rights to protect women and children in situations of family violence.

Why does the member think that aboriginal women should have less protection than his colleagues and we on this side of the House have?

Sitting ResumedFamily Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

June 4th, 2013 / 12:30 p.m.
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NDP

Élaine Michaud NDP Portneuf—Jacques-Cartier, QC

Mr. Speaker, I thank my colleague for his excellent question.

In my opinion, the bill would be altogether different. Quebec Native Women is another group that opposes the current version of the bill. This group, which the government is trying to protect, clearly said:

...Bill S-2 in its current form does not meet all the concerns expressed repeatedly to the government by FAQ, particularly with respect to access to justice and capacity building of our governments and communities.

It is very clear: women who should usually feel that the government provides them with the means to stand up for themselves are telling us, their representatives, that this is not the case. Bill S-2 does not meet their needs and does not really give them access to all the legal avenues that they should have. Unfortunately, this bill does not contain any measures to address the systemic violence experienced by women in their communities.

Had the government truly considered their proposals, briefs and testimony, it would have introduced a completely different and much more effective bill.

Sitting ResumedFamily Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

June 4th, 2013 / 12:15 p.m.
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NDP

Élaine Michaud NDP Portneuf—Jacques-Cartier, QC

Mr. Speaker, before beginning my speech I would like to mention that I will share my time with my colleague, the member for Chambly—Borduas.

I am pleased to rise today to speak on 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.

This concerns matrimonial real property, which is the subject of this bill. At least there is some effort to resolve some problems, a certain form of discrimination against women that currently exists on reserves. This is the issue that Bill S-2 seeks to address. “Matrimonial real property” means lands and structures affixed to those lands. In this case, it would apply equally to couples in a conjugal relationship and those living common-law.

As has been mentioned, there is now a certain legal vacuum on reserves concerning matrimonial real property. This legal vacuum exists as a result of the current Constitution and the division of powers it provides for. The provinces and territories are responsible for property rights and civil rights in their respective territory. The federal government is constitutionally responsible for legislation regarding Indians and lands reserved for Indians.

Bill S-2 seeks to grant equal property rights to both spouses in a relationship. Regrettably, unlike what the government continues to say in the House, it is impossible to implement Bill S-2 as it stands. There are several reasons for this, and they have been repeatedly raised by various stakeholders who work either directly in aboriginal communities or closely with them.

Many members stood in the House and bragged about the large number of government consultations that took place before this document was produced. What they forget to mention is that there was no consultation on Bill S-2 specifically, on the most recently introduced version. There were a number of consultations that, in one way or another, broached the topic that we are discussing today—that of matrimonial real property—but aboriginal communities were not directly consulted on the content of the updated version of the bill. Off the top of my head, I believe this is the fourth or fifth version of a flawed bill that the Conservatives have been trying to pass in the House since 2008.

Certain groups and organizations were consulted in the past, and they were called before the committee to study Bill S-2. They raised the same concerns and issues that they had years before. Take a look at the testimony from the Standing Committee on the Status of Women and it becomes clear that the problems previously brought to light were not taken into consideration by the government when it wrote this bill. I am thinking, for example, about testimony from the Assembly of First Nations.

Again today I am giving a speech within the context of another time allocation motion imposed by the government.

A number of people have complained that the government did not listen to them and did not take their opinions into consideration. Yet again, the government is trying to restrict our ability as members to represent the people who want their views expressed in the House and to try, once again, to amend the bill or at least ensure that it is not passed now, without the necessary consultations.

If the proposed measures in the bill are imposed, we will completely overrule the rights of first nations communities. I feel that is disrespectful.

In addition to the work of the committee and the various stakeholders who have spoken out publicly and who appeared before the committee on this matter, a number of reports drafted over the years raise the same problems that have been raised from the outset, whether it be issues with funding to implement the measures that would be set out in a bill of this nature or issues with a lack of funding to enable aboriginal women to take advantage of any new measures that may be put in place to help them.

All of these issues have already been raised many times. Unfortunately, once again, they cannot be found in the document before us today and on which we will soon have to vote. This government is staying true to the new tradition for which it is so well known and it is doing whatever it can to restrict the right of opposition members to reflect the views of the citizens they represent.

Ever since the beginning of this debate, I have heard a number of members say that it is the opposition parties that are being undemocratic and are trying their best to limit debate. I find this absolutely ridiculous. I do not know if they have had an opportunity to listen to what they are saying or to read their speeches before they give them, but when I hear comments like these, I am appalled. Every day, I am surprised at what we can hear in the House from the party in power. It is just amazing.

Earlier I was talking about the very important problems and issues raised by the Assembly of First Nations. It has determined that three main principles are key to addressing matrimonial interests or rights on reserves.

The first of these three principles is the recognition of first nations jurisdiction. The government did not consult or even ask for their opinion or their support for Bill S-2, which is currently before us, so I find it rather odd to even think that we might be able to recognize their jurisdiction and respect their fundamental rights. In any case, when the government asks for their support or their opinion, it is not taken into consideration at all. I think this is one of the major problems we have with recognizing the first principle identified by the Assembly of First Nations.

The second principle is access to justice, dispute resolution and remedies. Here again, there is a chronic lack of funding for certain communities. I am thinking of the northern communities that are far from major centres, which will now have to appeal to the provincial courts more regularly, without necessarily having the financial resources to get there and exercise their rights.

Finally, the third principle identified is to address underlying issues, such as access to housing and economic security. I am also thinking of access to safe drinking water, another major issue that the House will soon have to deal with and take concrete action to resolve.

Coming back to this principle, we see that on reserves there are still many issues that prevent the full implementation of the measures in Bill S-2. These measures would make it possible to protect women on reserves who are unfortunately experiencing family violence.

Other problems noted by the NDP prevent it from supporting this bill. First, the bill includes a one-year transitional period to allow first nation communities to enact new laws. This one-year period is too short for many communities that want to resolve a number of outstanding issues that are not being addressed here.

Quebec is a prime example of some of the problems this bill will create. According to lawyer David Schulze, Bill S-2 overlooks the specificities of Quebec. Under the Civil Code, common-law partners do not have property rights, but they would under Bill S-2. For example, a first nations member would have rights to his Innu spouse's home on the Uashat reserve, but she would have no rights to his home across the street in Sept-Îles.

Clearly the bill does not exactly resolve the problems of discrimination that the women are experiencing when it comes to matrimonial real property.

We still have a lot of work to do to ensure that their rights are respected. That is why the NDP will continue to oppose Bill S-2, which does nothing tangible to give first nations women the help they really need.

Sitting ResumedFamily Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

June 4th, 2013 / 12:15 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, it is important that we recognize that there are numerous pieces of legislation, and this is but one of those pieces, which the government has brought in with the idea of passing through the House. On the other side, there has not been the type of consultation that has led to consensus building to try to resolve a number of issues that are there within first nations communities. It is in good part an issue of respect also, and the government has not clearly had the support of the majority of the people whom this would affect.

I wonder if the minister can provide comment. Can she incorporate Bill S-2 into this in terms of the obligation she feels to work with first nations leadership in trying to build toward consensus in bringing legislation that would ultimately pass with the support of all political entities inside the chamber, and have wider support outside the House of Commons?

Sitting ResumedFamily Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

June 4th, 2013 / noon
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Edmonton—Spruce Grove Alberta

Conservative

Rona Ambrose ConservativeMinister of Public Works and Government Services and Minister for Status of Women

Mr. Speaker, I would like to begin my remarks with the words of Betty Ann Lavallée, the national chief of the Congress of Aboriginal Peoples. She has said that Bill S-2 is:

—addressing the real human issue of an Aboriginal person, sometimes often taken for granted by other Canadians. A spouse within an Aboriginal relationship should not be denied or put out on the street alone and without any recourse because of a family or marital breakdown.

I agree with her completely. Her words are truly informed by her knowledge of the often harsh realities of the day-to-day life faced by many women residents of first nation communities.

At the end of the day, this bill is about one very simple thing, and that is equal rights.

As members know, in 1921, women in Canada were first given the right to vote in the 1921 federal election. However, that did not mean all women in Canada. In fact, aboriginal women, covered by the Indian Act, could not vote for band councils until 1951 and could not vote in federal elections until 1960.

Today, we are seeking to eliminate another unacceptable human rights issue. Through Bill S-2, we will finally be extending the same basic rights and protections to aboriginal women that all other Canadians already enjoy. I urge the opposition to stop denying aboriginal women equal rights and vote in favour of Bill S-2.

As my colleague said already, it has been over 25 years since the Supreme Court of Canada identified this legal gap that exists today on reserve and our government would finally close it with this bill. Bill S-2 proposes an effective solution to this injustice and we are proud to be the government to bring an end to it by providing women and children on reserve with legal protection.

As Minister for Status of Women, I feel strongly that the proposed legislation will provide options to women and children living on reserve who are experiencing family violence. Wives, spouses or common law partners who are living on reserve today face the reality that in the event of separation, divorce or death, the law currently does not protect their matrimonial real property interests or rights.

This is now our government's fourth attempt to pass this legislation. Clearly, as my colleague said before me, it is time to move forward with the bill.

Bill S-2, as proposed, will guarantee the matrimonial real property rights and interests of women who live on reserve and will protect spouses from violent domestic situations.

Statistics show that aboriginal women are almost three times more likely than non-aboriginal women to report being a victim of a violent crime, including spousal violence. Among victims of spousal violence, six to ten aboriginal women reported being injured. For comparison, the proportion was four in ten among non-aboriginal women.

According to the 2009 Statistics Canada “Women in Canada” report, 15% of all aboriginal women who were married or in a common law relationship had experienced spousal violence in the previous five years. In that same report, the rate among non-aboriginal women was 6%.

Nearly half of all aboriginal women who experienced spousal violence reported that they had been sexually assaulted, beaten, choked or threatened with a gun or a knife. A similar proportion reported that there were many times they feared for their lives.

This legislation is about eliminating an injustice by giving on-reserve women access to the options that are available to all other Canadian women to date. However, most important, the bill would provide emergency protection orders to aboriginal women and children who are experiencing violence in the home.

Emergency protection orders clearly save lives. They are recognized by child and family justice advocates as one, if not the most significant, means for preventing family violence.

Several witnesses before the Standing Committee on the Status of Women acknowledged the need for matrimonial real property legislation.

A member of a first nation in Ontario, Rolanda Manitowabi, described how she and her common law partner had built a home together. She invested her life savings into that home and to protect here interests, she got the band to issue her a document naming her as the owner of the property. However, when she and her partner split up, she was evicted from her home. It was at that time she found out that the document in fact had absolutely no legal foundation. Bill S-2 would change that. About the bill, she stated, “I hope it's available to help other women and children on reserves”.

Jennifer Courchene, a member of a first nation in Manitoba, also appeared before the Standing Committee on the Status of Women. Jennifer and her children became homeless after her abusive partner forced them out of their home. She said, “if there had been something [like this] to help us, we would have taken it, rather than be homeless, that's for sure”.

Aboriginal women on reserve who are not able to stay in the family home are forced to flee the reserve with their children, sometimes with nothing more than the clothes on their back, to a shelter or, even worse, somewhere homeless. Currently, a woman living on reserve who is a victim of violence has no legal protection other than pressing criminal charges. There is no mechanism to allow a parent and her children exclusive access to a family home.

I repeat the importance of using emergency protection orders to save lives. In the case of domestic violence and physical abuse, a court cannot order the spouse who holds the interest in the reserve home, which is almost always the male, to leave the home, even on a temporary basis. When a woman and her children are evicted from a family home on reserve, no judge currently has the power to intervene.

Extending the same rights that women off reserve have to aboriginal women living on reserve would address this dire situation. If emergency protection orders were enforced, abusers could be removed, allowing the women and children to find safety in the comfort of their own homes.

If aboriginal women were granted the ability to remain in the family home on reserve, they could escape situations of domestic violence, while the perpetrator was taken from the home, and they could stay to continue to care for their children and also maintain that vital access to the support in their own communities.

In addition to the protections provided by these orders, Bill S-2 would also provide for the granting of temporary exclusive occupation of the family home. This protection is important for two reasons. First, in situations of family violence, women could be granted temporary exclusive occupation of the home for a period of time extending past the emergency occupation.

Second, in the case of the death of a spouse or common law partner, the surviving spouse would be allowed to stay in the home for 180 days. During that time, the surviving spouse could apply for exclusive occupation of the family home for a period of time to be determined by the courts.

As my colleagues have said in the House many times, there has been a need for the bill for more than a quarter century. Our government has brought this issue before Parliament four times now, debating this issue in both chambers and in committee for more than 60 hours, and this includes more than 25 hours of debate on this particular iteration of the bill alone.

Yet after spending $8 million on 103 consultation sessions in 76 different communities across Canada, even after the Supreme Court of Canada has identified this legal gap and the United Nations Human Rights Council has identified this as a gap for aboriginal women in Canada, after countless reports and studies going back a quarter of a century, the opposition continues to propose that we need more talk. We have said clearly that we have had enough talk and it is time to act.

Some first nations have established matrimonial property rights, and I applaud them. However, similar legal regimes are not yet in place in hundreds of on-reserve communities across Canada. It is time that aboriginal women living on reserve shared the same rights as all other Canadian women.

As the Minister for Status of Women, I work very closely with my colleagues to address violence against aboriginal women, and we do this by supporting many projects that address this issue in a very comprehensive manner, the projects that build economic security and develop the leadership skills that prepare women to successfully escape violent domestic situations.

Since 2009, through the women's program, we have provided a great deal of funding in support of projects that helped to empower and protect aboriginal women and girls. For instance, the La Loche Friendship Centre Corporation is addressing violence against aboriginal women and girls living in northern Saskatchewan. With the support of community stakeholders—men, women, youth and elders—they will be able to better address violence faced by aboriginal women.

Actions taken by this government to end violence against women and girls include increasing funding to the women's program to its highest level in Canadian history. We have now funded more than 600 projects in Canada from coast to coast to coast since 2007.

We have also launched a comprehensive national action plan to combat human trafficking to ensure the safety and security of women and girls across Canada who are being targeted for sexual exploitation by violent traffickers.

We are moving ahead with Bill S-2, which would give aboriginal women equal rights and access to their matrimonial property rights and, most important, emergency protection orders to protect them in cases of domestic violence.

Sitting ResumedFamily Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

June 4th, 2013 / noon
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NDP

Élaine Michaud NDP Portneuf—Jacques-Cartier, QC

Mr. Speaker, I find it strange to hear my colleague talk about consultations. A number of consultations were held, but they were not about Bill S-2, at least not this version of it. A number of consultations may have been held in the past, but the Native Women's Association of Canada and the Assembly of First Nations openly voiced their complaints and said in committee that the government did not take into account the problems they raised with the bill.

I would like to know what my colleague has to say to these associations with regard to the government's lack of interest in their opinions and demands.

Sitting ResumedFamily Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

June 4th, 2013 / noon
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London North Centre Ontario

Conservative

Susan Truppe ConservativeParliamentary Secretary for Status of Women

Mr. Speaker, it has been 25 long years that on-reserve residents, particularly aboriginal women, have been deprived of basic rights and protections simply because of where they live. This is unacceptable.

The aboriginal women, international associations and even the Manitoba NDP agree that the current situation must change and change now.

Bill S-2, the family homes on reserves and matrimonial interests or rights act, is currently the fourth iteration of this bill to come before Parliament. The bill has appeared both in the House and the Senate in a number of different forms and has been the focus of extensive consultations. It addresses the issues that were raised with its predecessors, while providing aboriginal women on reserve with the same rights that other women in Canada have.

Would my colleague provide the House with information regarding the extensive consultation process that was undertaken for this bill?

Sitting ResumedFamily Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

June 4th, 2013 / 11:50 a.m.
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Conservative

Jim Hillyer Conservative Lethbridge, AB

Mr. Speaker, I was about to share some information about how much consultation had been conducted on this issue and how much debate had been held in the House of Commons and in the Senate.

Starting in June 2006, the government appointed a ministerial representative on matrimonial real property issues on reserves to start discussions with first nations communities to produce a report on the consultation process and ultimately to provide legislative options to address the issues.

Of course, she did not do this alone. The Assembly of First Nations and the Native Women's Association of Canada collaborated in the consultation process. Dozens of meetings were held to map out the direction and priorities that would take shape during the consultation phase. We had meetings to discuss how we would conduct the meetings. It sounds like a government project.

The Native Women's Association of Canada and the Assembly of First Nations each received $2.7 million to consult not just with leaders, but with the residents of first nations and to record their opinions on the issue. The government also made a total of $11 million available to many other first nation organizations and councils, both national and regional, to provide input into the process. These organizations included, among others, the Congress of Aboriginal Peoples, the Indigenous Bar Association, the National Association of Friendship Centres and the National Aboriginal Circle Against Family Violence.

Following the process, the ministerial representative created a comprehensive 500-page report detailing the massive problems that resulted from the lack of proper on reserve property rights for married couples, especially for women. The report made many recommendations, which now are held within the legislation before us.

I will skip a lot of this because I only have four minutes now, but the point is this. This is not the first time a bill like this has been created. Over the years, since 2006, the bill has been recreated and re-debated many times, with many first nations groups included and many expert witnesses. The legislation contains all the improvements, all the recommendations, that have been included in the debate and research.

This is the point. Process is important. In fact, how we do things is almost as important as what we do, but eventually something must be done.

As I said before in my speech, and it bears repeating, the plight of first nations in our country is our great hypocrisy. It is no secret, even though we do not often face it, that our country shoulders a collective shame for what was done to the first ancestors, then the grandparents and even the parents of first nations. Even though we did not kick them off their land as is often said, our forebearers did, and the posterity of those who were kicked off their lands still lives on the reserves into which they were corralled.

It does not matter much now who caused the countless problems that still plagues our first nations, but they are not only our friends now and our neighbours, they are fellow citizens and even our brothers and our sisters.

I for one will not and cannot standby to let petty politics still hold some of these downtrodden hostage. It is not enough to visit the prisoners, the prisoners must be set free. This may sound dramatic and like so much rhetoric that is often said in politics, it will be just rhetoric unless something is done. This bill must be passed to help protect the women and children in first nations communities.

We talk about this collective shame, about how people were kicked off their land and put into bondage, and we try to solve that problem. At the same time, if we let the people who were in bondage be held in bondage even further because for some reason the Charter of Rights and the Constitution does not apply to them, as I said over and over again, that is hypocrisy and our collective shame and it must stop.

Great effort has been made to include all people involved in the consultation process. This is a great solution for people. We cannot wait until everyone agrees that it will be to their political advantage to pass this law. It is for the people who are repressed.

I am proud to stand in favour of Bill S-2. I encourage all my colleagues in the House to support Bill S-2 and set the prisoners free.

Third ReadingFamily Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

June 4th, 2013 / 11:25 a.m.
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Conservative

Jim Hillyer Conservative Lethbridge, AB

Mr. Speaker, I will be sharing my time with the hon. Minister for Status of Women. I hope the House will forgive me for using my laptop for my notes, but I cannot stand up and I will lose my pages if I try to.

I appreciate the opportunity to speak today in support of Bill S-2, the Family Homes on Reserves and Matrimonial Interests or Rights Act. The bill would provide the courts with a mechanism, where there currently is none, to apply matrimonial real property laws on reserves.

What does that mean? Right now, if the conjugal relationship of a couple living on reserve breaks down, one of the spouses—it is almost always the woman, who is often accompanied by children—is left completely defenceless. The spouse can be forced from the home and there is no legal recourse to protect her if the house is sold and her spouse retains all of the proceeds. The second spouse—usually the woman, as I said—is left without any financial compensation. Financial devastation is commonly, if not always, the outcome.

The spouse has little protection through the band council and no recourse through Canadian law. As a result, these women and children are often left homeless and impoverished.

This has created an unacceptable situation with first nations communities. We live in a society where most of us take the protection of our rights and property for granted. We do not even think about it. We believe that the current situation on reserve cannot continue. The time has come for action.

Of course, the biggest criticism to this bill is not its content, the problem it solves or the solution it provides. The false accusation is that there has been insufficient consultation or debate. Just this morning, the House leader of the official opposition said this bill was being shoved down people's throats. He suggested that somehow the hours, days, weeks, months and years of extensive consultation held throughout the country with first nations leaders and countless individuals do not count as consultation. For some reason, it seems that consultation only counts if someone other than the Conservative Party passes the legislation that results from that consultation.

Consultation has been held. Extensive research has been conducted, and countless hours of parliamentary discourse and debate have been extended. This is not a case of Big Brother handing down a paternalistic non-solution. This bill is a long-overdue response to an oppressed people, perhaps the most vulnerable people in the world, after generations of abuse and abandonment of women and children who, through a technical loophole, have been left unprotected by our Constitution and Charter of Rights and Freedoms. To ignore this situation is nothing but shameful hypocrisy.

Let me briefly review the comprehensive and inclusive process by which Bill S-2

Bill S-2—Time Allocation MotionFamily Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

June 4th, 2013 / 10:35 a.m.
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Conservative

Bernard Valcourt Conservative Madawaska—Restigouche, NB

Mr. Speaker, as the member knows, there is no legal protection available to couples living in first nation communities that are governed by the Indian Act. This is what we are attempting to correct here. I would argue that nothing should be considered so complicated or burdensome as to justify not extending these basic rights and protections to one segment of the population.

Throughout the country, judges already deal with the division of matrimonial property off reserve. As part of our implementation plan, we are committed to ensuring that judges will receive educational materials to help them better understand the legislation and the social context in which these matrimonial real property issues arise in first nation communities.

In closing, I would also argue that Bill S-2 does not place too much of a burden on the individual, rather it is the complete opposite.

Bill S-2—Time Allocation MotionFamily Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

June 4th, 2013 / 10:30 a.m.
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London North Centre Ontario

Conservative

Susan Truppe ConservativeParliamentary Secretary for Status of Women

Mr. Speaker, I heard two members opposite say that maybe it is a bad bill. I find it interesting that they would say maybe it is a bad bill, when it would help women on reserve with emergency protection orders and also give them the same rights that I have standing here.

Critics of Bill S-2 have said that allowing courts to address interests and rights to the matrimonial home on reserve is just too complicated for judges and places too much of a burden on the individual, but these critics want to deny aboriginal women the same rights and protections that many of them take for granted themselves. The fact is that Bill S-2 would simplify the process involved in the breakdown of a marriage or common-law relationship. It would provide individuals living on reserves with access to the legal tools and protections they need.

Could the minister please explain how this bill would aid judges in enforcing matrimonial real property laws on reserves and how it would ease the so-called burden on individuals?

Bill S-2—Time Allocation MotionFamily Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

June 4th, 2013 / 10:30 a.m.
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NDP

Pierre Jacob NDP Brome—Missisquoi, QC

Mr. Speaker, Bill S-2 is the fourth iteration of a bad piece of legislation. Will the Conservatives sit down with the first nations once and for all and address concerns regarding the recognition of first nations jurisdiction, access to justice and conflict resolution, for example?

Bill S-2—Time Allocation MotionFamily Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

June 4th, 2013 / 10:25 a.m.
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Conservative

Bernard Valcourt Conservative Madawaska—Restigouche, NB

Mr. Speaker, as the member knows, the federal provisional rules in Bill S-2 would enable the courts to provide short-long to long-term occupancy of the family home to the exclusion of a spouse or common-law partner. The duration of this order could range from a determined number of days to a longer period, such as until dependent children reach the age of majority.

What is important to add is that the bill contemplates that with the extension of such period of time, the judge would take the advice of the First Nations Leadership Council chiefs about the implications this has on the community. Therefore, this provision in the bill would help ensure that spouses or common-law partners who are primary caregivers would have access to housing for their children and/or dependent adults. As has been demonstrated by witnesses during the debate at committee, this would really be an added value to our set of laws for aboriginal people in Canada.

Bill S-2—Time Allocation MotionFamily Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

June 4th, 2013 / 10:25 a.m.
See context

Conservative

Joy Smith Conservative Kildonan—St. Paul, MB

Mr. Speaker, I want to thank the minister for this bill. I have worked extensively with the aboriginal community and have to say that every woman wants the same rights as every other woman in the country.

In addition to providing access to emergency protection orders, Bill S-2 would allow the courts to consider these factors and provide extended exclusive occupation access to the family home. Emergency protection orders are often provided in the initial procedures in a relationship breakup, which would be followed by an application for exclusive occupation and valuation.

During the time period of the emergency protection order, the spouse or common-law partner could apply for exclusive occupation of the family home. In cases where the need for this protection is extended and where there are children involved, having access or extended access to the family home is very important.

Could the minister please describe the importance of providing access?