Thank you for giving me the floor, Madam Chair.
We know that Quebec's unique characteristics are not taken into consideration in this bill. A lawyer from Dionne Schulze said that, under the Civil Code, common-law partners do not have a right to property in Quebec; that is well known.
I have some serious concerns about this clause. When we heard from the witnesses, I specifically asked the representatives from Quebec Native Women to tell us more about the potential lack of legal clarity and the gaps that would result from implementing Bill S-2 in Quebec. We know that Quebec uses civil law, not common law. Their testimony is clear and should be reflected in this bill. Among other things, Viviane Michel said:
A number of Aboriginal women are also in common-law relationships with non-Aboriginal partners. If this law is enforced and a verdict is reached, given all the problems facing our communities, including high rates of alcohol and drug abuse, and if a woman experiences those problems and her partner is a Quebecker, he will have the right to live in the house.
So the Quebec man would get the house and the children. The woman would lose her children and live in a community. Do you see how that could be a threat to Aboriginal communities? Those are the facts.
And I am not just talking about Quebeckers. It could involve people of other origins. In fact, women are more and more frequently in common-law relationships with partners of different origins.
So that can lead to gaps in our communities. Women can lose as much as their homes and even their children. The differences between the Civil Code and common law are particularly worrisome for Aboriginal women in Quebec, since Quebec's Civil Code does not give common-law partners the same rights as it gives people who are legally married.
It is said that the bill will not be consistent with Quebec's Civil Code for spouses in terms of the division of matrimonial property in the case of separation or death. Since 40% of women are in common-law relationships in Quebec, implementing this bill could create a lot of problems.