Mr. Speaker, I think the member is talking about two different issues. I realize they both may end up in the courts one way or another, but the effort in Bill C-47 is to extend some sort of a federal framework because of the Supreme Court rulings on the application of provincial MRP laws. They just do not apply on reserve lands. What we are trying to do with Bill C-47 is to extend some sort of a federal framework so that, and it is not just first nations women, but primarily first nations women will have the protection that others take for granted in a provincial court system.
Right now the unfortunate reality is if there is a marriage breakdown, or if there is violence against a spouse, frequently or mostly against women, someone needs to intervene to get a restriction, a court order or some sort of legal means to keep the house in the possession of the woman who is raising the kids and needs the protection of the matrimonial home to that. A restraining order or a way to restrict the individual from getting close to the woman is needed and we do not have the tools to do it.
This bill is for the protection of women, for the development of individual MRP laws on each reserve over time, but a law of general application in the meantime that would allow us to have a provision which says we have to look after those interests. Although some homes are owned by the band office, for example, they might be owned collectively, social housing perhaps, many other homes are built by and owned by individual first nations people. The trouble is if there is a marriage breakdown, no laws apply. The guy with the biggest, broadest shoulders wins the argument and that is not fair for first nations women.
This bill will not solve all problems and it does not address the Bill C-31 issues, but it does attempt to fill the gap that otherwise will continue until we do fill it. The system is quite hit and miss across the country. There are some good examples of good leadership on reserve under the First Nations Land Management Act, and there are examples of many first nations which have introduced their own MRP laws, but it is too hit and miss. It does not capture the rest of aboriginal women who deserve the same protection as others.