Status of Women Committee on Oct. 24th, 2006

[Jim Prentice, Conservative, Calgary Centre-North, AB]

Well, first, I don't agree that housing shortage is the issue. I accept your point that it exacerbates the situation, but the fundamental issue we're dealing with here is that women in Canada, in 2006, have no matrimonial property rights, and that needs to be remedied. It needs to be remedied in a way that respects the long-term jurisdiction of first nations to pass laws that deal with that problem, but it needs to be remedied, as Wendy says, in an immediate way, so that first nation Indian women have the same protection, and their children have the same protection, as other Canadians.

Part of the problem at the moment is that, frankly, in the event of a matrimonial breakup, in many circumstances the first nation mother takes her children, leaves the reserve, and goes to the city and lives in poverty. That's a consequence of this and it's not acceptable, so we have to deal with it.

[Maria Minna, Liberal, Beaches—East York, ON]

I understand the importance, and I'm not making light of the importance, obviously, of the matrimonial rights, the debate that we're discussing, but it doesn't take away from the housing shortage, which is an issue.

I want to go to another item, Minister. When you appeared before this committee on June 22, you stated that, “Consultation is a process on the road to decision-making. It is not a process to achieve unanimity...”, and basically you're talking about bringing legislation into the House of Commons and fighting to have it adopted in the House, and that's where we're going as far as legislation is concerned. What happens if the consensus comes out that legislation is not the best way to go, or is that a given at this point?

I guess what I'm asking is this. If the consultation that is out there now comes back and says that a legislative solution is not the preferred solution, is there a backup?

[Jim Prentice, Conservative, Calgary Centre-North, AB]

All of the committees that have looked at this, including this committee and the committee of the Senate, have essentially said it's not an acceptable situation that first nation women do not have property rights. The only way to remedy that is through a legislative mechanism. There is no other way to confer human rights or property rights on women short of the legislative assembly, the Parliament of Canada, being prepared to move forward and to deal with the issue.

What I've said, as the minister, is that I intend to deal with it. I intend to introduce legislation. If there are those who are going to vote against it, then they will be accountable at the end of the day. On my watch, we are going to take steps to protect first nation women and their children and to give them the same rights as other Canadians have. It will be introduced to Parliament, and people can make their own choices at that point, as parliamentarians. But there will be a solution. The consultation is to explore the different alternatives on a medium-term and long-term basis, but there will be legislation introduced.

[Maria Minna, Liberal, Beaches—East York, ON]

I presume that along the way—

[The Chair, Liberal, Judy Sgro]

Ms. Minna, your time is up.

Ms. Smith.

[Joy Smith, Conservative, Kildonan—St. Paul, MB]

My question is for the minister. I'm pleased to hear that this government is taking the lead in making sure this issue is addressed. There's been study after study for so many years through different parties on all sides. I commend you and heartily agree that this matrimonial rights issue needs to be addressed. Could the minister please give this committee some idea of when we might see this legislation, and when the consultation process will take place?

[Jim Prentice, Conservative, Calgary Centre-North, AB]

Wendy will be consulting through the fall in the way that has been described. She and I will have discussions. We speak regularly about the progress that's being made, and that will carry on through Christmas and into the new year. It's our hope that as soon as possible in the spring Wendy will have reached the point in a consultation process where she's confident in bringing forward a recommendation. We'll take as long as it requires to sit down, digest what we've heard, come up with a recommendation from Wendy, and introduce legislation in the spring.

[Joy Smith, Conservative, Kildonan—St. Paul, MB]

I think I can speak for all of us when I tell you how exciting that is to hear. Maybe I'm a little biased—I have a family member who is an Ojibway girl. But I've heard about this over and over again. We talk about equality for women and bringing down the barriers, and this is certainly one barrier that we're excited to see addressed.

Do you have any further comment? Is there anything more you'd like to say, Minister Prentice?

[Jim Prentice, Conservative, Calgary Centre-North, AB]

I have full confidence in Ms. Grant-John. I'm sure you'll be meeting with her again, but I think you all have a sense of the quality of person who's shepherding this process along. I know that she'll do a wonderful job and that this will result in a legislative solution that protects women and children.

I would implore all members to work with us across party lines. In my time in opposition in Parliament, and as a minister, one of the groups that moved me most has been the Native Women's Association of Canada, who describe themselves as representing the poorest of the poor in our society. The Native Women's Association of Canada, along with the AFN and people in the communities, really want to see this issue addressed. So it's about them. Moreover, it's about this Parliament having the courage to move forward and pass legislation that provides human rights protection to first nations women and children.

[The Chair, Liberal, Judy Sgro]

Minister Prentice, we thank you and your officials for taking the time to come and discuss with us an issue we all want to see resolved.

We will move for adjournment. I advise the committee that a notice of motion has been circulated by Ms. Minna. Please note this for the next meeting.

Ms. Mourani.

[Maria Mourani, Bloc, Ahuntsic, QC]

Madam Chair, I'm wondering if at our next meeting, we might get a copy of the agenda and new witness list. I'd like to know when these witnesses are scheduled to testify. I submitted some names and I'd like to know what's happening with these prospective witnesses.

[The Chair, Liberal, Judy Sgro]

Yes, thank you, Ms. Mourani.

I'll move adjournment. Thank you all.