Thank you, Chair.
I would like to speak to clause 23, which leaves many questions unanswered. Obviously, we're once again talking about the decisions that the justice system will have to make, and it again involves the imposition of this bill, this legislation, on first nations. Given that the justice system, or the body that will enforce this clause in particular, is here, it begs the question: does the provincial system have the ability to handle this bill in general but also the question around occupation of the home?
I just want to read into the record the answers to our questions, in writing, from the Justice and Aboriginal Affairs officials. We asked, “Has there been an analysis of the cost that will be incurred by provincial governments?”
The answer was that “An analysis of the implementation costs for provinces and territories is not available.” It said, “Bill S-2 provides for provincial courts to hear issues relating to matrimonial real property at the same time as other court proceedings such as divorce or child custody.”
The issue here is fundamentally one of capacity, because the courts will have to deal with complex land codes. As we know, various first nations across the country have various land code arrangements. We heard it from former chief Baird. We heard it from Councillor Joan Jack. You have first nations that have just signed treaties in recent years. You have others that have treaties from the late 1800s.
We need to be clear here. The justice systems of our various provinces and territories need the ability to handle not just this bill, but to have an understanding of these land codes. We're very concerned that an analysis of the implementation costs is not available when it comes to the provinces and their ability to administer justice regarding this bill. We find it extremely problematic.
I would also add, again, that there is the issue of accurately assessing the value of homes on reserve. Obviously, there is an indication here of naming beneficiaries and the property being transferred to others. We feel that's a gap here. Unfortunately, although it's something that we've heard referenced by witnesses, due to this government's steadfast interest in limiting debate and not hearing from witnesses who are most impacted, we haven't had a chance to delve into the real gaps regarding accurately assessing values of homes on reserve and understanding the challenges that exist with regard to that.
I would also once again reiterate our concern about the provincial ability to handle what clause 23 is referring to—and Bill S-2 overall—without the kind of time allocation and without the capacity that are necessary to apply this legislation properly and in a way that could actually serve justice.