Mr. Speaker, I would like to speak in support of Bill C-49, the first nations land management act, and in opposition to Motion No. 2 in which the hon. member for Saint-Jean wishes to provide an interim matrimonial real property regime.
As this House is aware, the 14 first nations that signed the framework agreement have agreed to spell out rules on matrimonial real property rights that were not included when the agreement was drafted. The bill before us and the agreement spell out that the signatory first nations must establish a community process that will develop rules and procedures for a matrimonial property regime within 12 months from the date the land code takes effect. The rules and procedures cannot discriminate on the basis of sex. In the case where a first nation has not addressed the matter the crown may invoke an arbitrary clause to seek closure from the first nation on its rules and procedures.
According to the bill before us extensive consultations must be taken during the development of the land code to inform and seek the opinions of the community membership. First nations have given strong assurances that as part of their first nations community process they will solicit the input of all on and off reserve members of their community, including aboriginal women. I point out that nothing precludes the community from addressing this issue at the beginning of the land code process. The important point is that the community decides how it will address the issue.
Under the new regime first nations will be able to develop their own rules and procedures on the use and occupancy of their lands by band members, non-band members and non-aboriginal people. As well, a dispute resolution mechanism will be available to both Canada and individual first nation members. Individuals can also challenge the rules before a court.
We should leave it to the first nations, using this process, to develop an appropriate regime to deal with matrimonial property in the case of marital breakdown. The hon. member for Saint-Jean, however, would like to provide for an interim solution while the first nations come to grips with the issue. He would amend the bill to provide an interim matrimonial real property regime until such time as the first nations themselves establish a regime within their land codes.
His motion would remove a basket clause respecting individual agreements that have been negotiated by the parties to cover any other elements to which the first nations and the federal government agreed. That clause is important as it would allow the first nations and Canada the opportunity to adjust for unforeseen circumstances that could arise during the negotiations of individual agreements.
However, the effect of the motion would be to make it mandatory for the first nations and the Government of Canada to include in the individual agreements elements contained in the new amendment. The effect of the amendment is to restrict the elements that would be included in the individual agreement. Therefore we cannot support this amendment.
The issue of the division of matrimonial property in the event of marital breakdown will be resolved by the first nations. The communities themselves will decide. But there is a larger issue at stake here, one that goes beyond the 14 first nations that have ratified the framework agreement and affects all first nations: what can be done to resolve the current vacuum concerning the division of matrimonial property in the Indian Act?
Last June the Minister of Indian Affairs and Northern Development announced that she was prepared to work in partnership with the aboriginal organizations to assess this issue and to establish a fact finding process with respect to the Indian Act. This process will examine the effects upon breakdown of a marriage on first nations members' rights to real property such as land and homes. Federal officials are now working to establish the fact finding process. Letters of invitation have been sent to the aboriginal partners to participate in a meeting where the terms of reference for the fact finding process will be discussed. The minister will make further announcements on this initiative in the near future.
Clearly then in Bill C-49 we have 14 first nations that will address the issue of real matrimonial property through a community process. Supporting this community process is the right thing to do, rather than having some imposed solution as proposed by these amendments.