Mr. Speaker, I am pleased to speak to this bill. I congratulate the member for Portage—Lisgar for bringing it forward and the members who spoke to it, especially the member for Churchill.
It is good that we are debating this bill because, as all members have said, it concerns a very serious problem that needs to be dealt with. The government is working on it. The people at Indians Affairs and Northern Development have been working very hard for years on this very complex problem. Its complexity makes it a bit perplexing that this bill is before us. With such a complex issue one could not possibly deal with it seriously and fairly in a one page bill.
There are a number of aboriginal groups in Canada and the bill talks only of some very specific concerns on reserve. There are a number of aboriginal people in regions of Canada, for instance, virtually all of them in my riding, where there are no reserves. How would they be dealt with under this law?
To understand the depth of the problem, this is a great struggle between two rights which are guaranteed in the Constitution. We have spent the last three or four years debating the tension between the two rights, the rights of religious freedom and the rights of equality. Once again we have an almost intractable problem. There is a tension between aboriginal rights in section 35 and individual equality rights in section 15. That is why the issue is so difficult.
In Canada over the years we have been building very sensitive relationships with first nations people. We understand that they have inhabited this country for thousands of years. They have systems and laws that work quite effectively. We should respect those laws and rights. They may clash with the visions of society and the types of rights that we see. There is a tremendous tension and it requires consultation which the government just said it is undergoing, which is excellent. There needs to be a detailed consultation to come up with a plan that will deal with all the complexities, some of which I have mentioned.
To think that every complex problem has a simple solution is wrong. We have to go through all the different variations. We have to take into consideration the various aboriginal rights, treaties, land claim agreements and self-government agreements, which is the process that the government has under way.
I find it a little strange that a bill would be brought forward by a government member on an issue that has already been decided on twice by the Supreme Court and is basically unconstitutional. One cannot override aboriginal rights, rights dealing with family law on reserve, as outlined in the Indian Act, by a province or territory. I am surprised that when the government started the consultation the party opposite did not pick another bill to move up on the order of precedence so it could bring forward one of its other priorities. I am curious as to how the bill passed the legislative counsel in the House of Commons and how a bill that would not fit under the Constitution was allowed to go forward.
It is good that all parties are thinking about this issue, are directing their attention to it and are willing to cooperate in the process. One can imagine the pain that all women at some point in history have undergone by not having equal rights and the right of equality of possessions in matrimonial affairs. It can cause great problems. They often are left with children, which can cause great levels of poverty and an even more stressful situation because of the responsibilities that a woman has to deal with alone after a breakup.
It is certainly valid that we dedicate our resources to this issue. The last government was working on it intensely, and I am delighted that the present government is as well. I hope that when members of the House come up with recommendations, they will make sure that it is a high priority and that we deal with it quickly in order to come to some resolution of a problem which for so many years we have all agreed has to be dealt with.
I just want to close by mentioning what the parliamentary secretary said about the government's enthusiasm for moving on with things. I certainly hope its enthusiasm improves the treaty process--