Mr. Speaker, it is a great pleasure for me to rise in this House today to take part in the debate on Bill C-47, An Act respecting family homes situated on First Nation reserves and matrimonial interests or rights in or to structures and lands situated on those reserves.
I listened closely to my colleagues who spoke before me. I listened with particular attention to my colleague from Yukon, a person dedicated to protecting fundamental human rights and a tireless worker in his community on behalf of the most needy. I know that because he has often appealed to our generosity to help the members of his community, and I find that very praiseworthy. However, I was not surprised at the way in which my colleagues from Westlock—St. Paul and Winnipeg South responded to the comments by the member for Yukon, who was speaking on an issue he feels deeply about.
It has been said that a bill can change the lives of thousands of people and Bill C-47 can do that. If it is well articulated, well crafted and well presented this bill can make a real difference in the lives of thousands of people, especially in the case of aboriginal women, for whom I have a great deal of respect and admiration. They have to overcome difficulties that are much greater than anything we may experience outside aboriginal communities. Because this bill in large measure concerns women, if it is not carefully considered and crafted, it could also make women even greater victims than they are at present.
Several years ago we consulted with women from aboriginal communities on various topics, for various reasons and for various committees, both in the Standing Committee on the Status of Women, where we wanted to learn about their experiences and profit from their knowledge so as to improve conditions for all women, as well as in our ridings in order to find out how we can learn more about their situation and their communities so that we can better work with them.
In the past, mistakes were made as we tried to do what was right and help aboriginal communities. We decided as white men and women—even though men were in charge at that time—what was best for them. I have the uneasy feeling that we are still trying to decide what is best for aboriginal communities, without having listened carefully enough to what they told us when we consulted them.
Of course, the consultations did not last very long. Communities had from September 29, 2006 to January 29, 2007 to hold their consultations. If I am not mistaken, that makes four months to consult on such an important bill. What is more, one month out of that period is the traditional holiday season, when people celebrate with their families. I do not believe the communities were very interested in discussing Bill C-47 at that time.
To take so little time to draft such an important bill shows what I would call a serious lack of judgment. Once again, this comes as no surprise, considering that the government is refusing to sign the United Nations Declaration on the Rights of Indigenous Peoples.
It does not surprise me that this same government does not want to pay more attention to what women and men in aboriginal communities have had to say about Bill C-47.
Since I am from Quebec, I have a better knowledge of the communities in Quebec. I would therefore like to quote from a letter that Ellen Gabriel, the president of Quebec Native Women, sent all the members of the Senate and the political parties:
—we would like to express our concern over certain key issues that seem to have been omitted in Bill C-47, the Family Homes on Reserves and Matrimonial Interests or Rights Act that has recently been introduced.
First, we do not believe that the negative gender-based impacts are “unavoidable and likely justifiable” as stated in the Gender-Based Analysis issue paper. As mentioned, courts may tend to provide caregiver spouses or common-law partners with exclusive occupation of the family home.
That is a key point.
Because women are more likely to be caregivers of dependent children and/or adults, men may be less likely to retain occupation of the family home on breakdown of a conjugal relationship. As a result, [under Bill C-47] more women than men may be required to financially compensate their spouse or common-law partner for their share of the family home. What is not mentioned is that because women act as the main caregivers of children and elders, women are often not, or at least not the main breadwinners for the family.
This is where things get tricky. This should be clear. It is true that this must not make much of a difference to a party that is not terribly concerned about women's problems.
Ms. Gabriel continues:
Also, [Bill] C-47 does not take into account the fact that there is a serious housing shortage on reserve.
Let us talk about housing. In a number of aboriginal communities people have had to move because their housing was uninhabitable and unsafe, with no water, heating and all the necessities. Housing is already uninhabitable and now the government wants to cause even more problems.
The letter goes on:
We wonder if any measures will be taken to find housing on reserve for the person against whom an emergency protection order has been made. The frustration that may result from such a situation can lead to even more violence.
As we know, violence affects women from aboriginal communities more so than women from other communities and that is too bad. Aboriginal communities are already going through enough. Women's shelters in these communities receive less funding than shelters outside aboriginal communities, which come under the jurisdiction of the various provinces. Women's shelters in aboriginal communities are subsidized by the federal government.
Ms. Gabriel goes on to say:
This is why we would like to caution ... [the] Minister of Canadian Heritage, Status of Women and Official Languages on her comment.
The comment made by the Minister of Canadian Heritage, Status of Women and Official Languages was:
This important new legislation will afford protections to women and children living on-reserve that are similar to those now available to women and children living elsewhere.
Ms. Gabriel continues:
We would like to remind [the] Minister ... that Aboriginal women and children living on-reserve do not share the same realities as their non-Aboriginal counterparts.
When drafting legislation, we have to be aware that it will have a major impact on many communities.
There are 600 aboriginal communities in Canada. They are all governed differently. They have different cultures because not all aboriginal peoples have the same origins, the same cultural backgrounds, or the same traditions. Their cultures differ according to whether they live close to the forests or the waters, are nomadic or sedentary. All aboriginal peoples have different characteristics and different cultures. It is important to remember that as we attempt to bring in legislation for such a diverse group of cultures.
In Quebec, our laws are worded differently. We are governed by the civil code. Quebec Native Women has pointed out that Bill C-47 would enact laws that might be difficult to apply in Quebec. QNW wanted the federal government to conduct more meaningful—not simply token—consultation, which would certainly have produced different results. QNW wanted the government
—to properly inform and seek the advice of aboriginal peoples before passing this important legislation.
QNW also had this to say to the federal government:
We also caution against pan-aboriginal legislation since the over 600 aboriginal communities in Canada contain a diverse cross-section of...realities—
Ongoing research into the needs of aboriginal peoples is happening every day, every week and every year. Research is being done into the impact on aboriginal peoples of the various laws we have imposed on them over the years and throughout history. Research gives us food for thought. It should also give the government food for thought. If the government does not think this through, if it acts only to please some of the voters, it will not be meeting the basic needs of the people it claims to want to help.
I believe that the government was trying to do the right thing by drafting this bill, because the government does not generally draft bills that try to do the wrong thing. They do not mean to do the wrong thing, but by trying to act too quickly, they make mistakes when it comes to setting goals and objectives. The Native Women's Association of Canada produced a report about the consultations that took place. The report repeatedly refers to the difficulties that aboriginal peoples are experiencing now. It says: “—we became non-persons. We couldn’t vote. Our women had no say whatsoever.” That is what we did to them in the past. We reduced aboriginal peoples to entities living on reserves.
I would point out that the term “reserve” is not one that is particularly appreciated by the aboriginal peoples. These are aboriginal communities, but people still use the term “reserve” in French. It is not particularly appreciated. When you go to Africa, reserves are for animals, cattle, lions, elephants, giraffes. That is what reserves are. They are wildlife reserves, various kinds of reserves. I too am opposed to using this expression when we are talking about the aboriginal peoples.
The aboriginal peoples were also forced into the schools. They were forced to betray their culture, their traditions, their history. The grandmothers used to gather the children around them and pass on their culture, which is so important. Perhaps today we would have fewer problems with young people in the aboriginal communities. We might have fewer suicides among young people if they felt the full pride that comes from belonging to a people that is this great and this strong.
For years, and even for hundreds of years, we tried to assimilate them completely into the society outside the aboriginal communities. For years, we have been trying to make them forget their roots. In spite of that, and in spite of how they are disappearing, little by little, every year, many members of these aboriginal peoples have still found the courage, the strength, the audacity to discover solutions to enable them to make their communities whole again. They have found the strength to be able to forgive what was done to them, to be able to keep moving forward.
And today, we are once again trying to lock them into something that would suit us: there are no more problems, we have legislated, we have made a law, let them make do with that, it is the best thing we could do for them, and we know best what they need!
That is not how we should be acting toward a people that has thousands of years of history, wisdom, culture and traditions, and who can probably show us much more than we can show them, if we just make the effort to listen.
So I would like this bill to be sent to committee so we can make the effort to listen to the people who have not been heard, so we can make the effort to listen to experts on what is happening elsewhere. What is being done elsewhere, where the fundamental rights of the aboriginal peoples have been recognized? Even if we do not want to do it here, we still have to know that it is being done elsewhere. Only three member states of the United Nations have refused to recognize them, and we are one of them. Shame!
But elsewhere, in other countries, these peoples have been recognized, their rights have been recognized—fundamental rights of human beings. As human beings, they are entitled to the same dignity and the same respect as everyone who lives within Canada's borders—the same dignity and the same respect for all the women, men and children of the aboriginal peoples.
We may get there, if the government agrees. This seems to be a major issue, since the Liberal Party—oh!—does not want to vote on the bill immediately. Beyond a doubt, should we have to vote on a bill without having the chance to examine it in depth? I am sorry, we may be in opposition, we may be the opposition parties, but we have more respect than that for the people we represent. This bill will pass one day, I hope, if we agree that it be sent to committee and if we agree that it be amended, not to water down its importance, but to maximize the results and the effects on the women and men who will have to live with this bill, until those women and men adopt their own law to govern matrimonial property.
I sincerely hope that this House, like the Bloc Québécois, will choose to vote to refer Bill C-47 to committee, so it can be argued, scrutinized, studied, evaluated and amended in committee and come back even better and stronger for all of the aboriginal peoples.