Mr. Speaker, I will split my speaking time with my colleague, the member for Argenteuil—Papineau—Mirabel.
As we have heard in a number of speeches delivered today, Canada's aboriginal women are in an extremely tough situation. Statistics show that, compared to the rest of the population, first nations women suffer more spousal violence and are at greater risk of living in poverty.
The many legal voids with respect to reserves leave aboriginal women even more vulnerable. In family law in non-aboriginal regions, when a married couple divorces, the division of family, real and personal property is determined by provincial legislation, which is not at all the case on the reserves, since they are under federal jurisdiction. In 1986, the Supreme Court of Canada held that the courts may not enforce provincial law on reserves. That decision by the highest court in the land confirmed the legal void, and many reports since then have emphasized the need to find a solution in the interests of first nations peoples.
A solution to this legal void is very urgently needed. Currently, aboriginal women who get separated or divorced lose everything. They have to leave the home and are often deprived of their children, and if their name does not appear on the title of ownership, judges cannot rule that they may keep the house or retain any part of their matrimonial property.
Where they are victims of family violence, the court cannot issue an order for exclusive possession of the family home or a restraining order, that is to say an order prohibiting the abusive spouse from approaching or communicating with his spouse. A number of protective mechanisms have been put in place over the years to protect women from spousal violence, but they cannot be enforced on reserves.
Note that, according to Statistics Canada, aboriginal women suffer violence three times more often than non-aboriginal women. It is therefore really necessary to take action, as everyone will agree.
In 2003, a Senate committee emphasized that measures previously taken by first nations to resolve this issue had to be acknowledged.
In 2005, a report by the Standing Committee on Aboriginal Affairs and Northern Development underscored the importance of acknowledging first nations' inherent jurisdiction over matrimonial real property and of authorizing aboriginal people to adopt their own regimes, which is not at all recognized in Bill S-2.
By virtue of the inherent right to self-determination acknowledged by the United Nations Declaration on the Rights of Indigenous Peoples, which Canada has signed, the federal government must obtain the consent of aboriginal peoples before adopting legislation that will alter any matter directly affecting aboriginal lands. Unfortunately, as has been repeated many times today, this is not at all what Bill S-2 contains, any more than previous bills.
The opinion of the first nations, the main parties concerned here, has not been considered. They may have been consulted, but there has been no consent by the parties concerned, which means this bill is an affront to the principles of self-government and self-determination. What is the problem?
In 2006, the then Minister of Indian Affairs and Northern Development held nationwide consultations on the issue of matrimonial property. The goal was to find a solution to the legal vacuum and to ensure that the rights of first nations women were taken into consideration, that the Canadian Charter of Rights and Freedoms was respected and that there was an acceptable balance between first nations individual and collective rights. The consultation process involved planning, consultation and consensus-building. The parties consulted did not reach a consensus, which means that, in introducing Bill S-2, neither the Senate nor the Conservative government is being respectful of aboriginal peoples. Both are imposing their way of thinking and their way of doing on the first nations.
The consultations also shed light on substantive problems, such as the lack of access to courts for those living far from major urban centres, the acute shortage of housing on reserve and the lack of financial resources to arrive at fair solutions in divorce cases.
The Senate bill provides no solution to any of these basic social issues. However, the Standing Committee on Aboriginal Affairs and Northern Development clearly recommended that financial assistance be granted to the first nations so that they could develop their own code for matrimonial real property and that any new piece of legislation would not apply to the first nations who had developed their own code.
It is worth reminding the government of the deplorable living conditions on the reserves. A study by Aboriginal Affairs and Northern Development Canada ranks the reserves 63rd among the nations of the world in terms of quality of life, that is, among the third world countries, according to the United Nations human development index.
According to Health Canada, 12% of first nations communities must boil their water before drinking it, and about one quarter of water systems on the reserves present a high risk for human health. Housing density is twice as high as it is among the general population. Nearly one in four adults lives in an overcrowded home. Approximately 423,000 people live in substandard and overcrowded housing that is deteriorating rapidly.
Since this government came to power, it has done absolutely nothing to address the lack of social housing. The United Nations have called on Canada to act on a number of occasions, but this government prefers to discredit the UN and its representatives. There is no point in passing a bill that cannot be implemented. Even if matrimonial property is divided up, where will the spouses who leave the family home go to live if there is a shortage of housing?
Here is a statement that clearly describes the misery experienced by aboriginal women:
An aboriginal woman committed suicide earlier this year after the authorities apprehended her children. The woman, who had five children, was forced to leave her reserve due to a chronic housing shortage. However, she could not find affordable housing off the reserve. Due to her financial situation she was forced to live in a rundown boarding house with her five children. She sought assistance from the authorities to find affordable housing for her and her children. The authorities responded by apprehending her children. At that point, the woman, sadly, lost all hope and took her life.
According to the Native Women's Association of Canada:
The bill will put women who are experiencing family violence at further risk by forcing them to wait long periods for justice without adequate social supports, services or shelters.
Bill S-2 has other major flaws. Its community approval process does not respect aboriginal traditions of consensus. Bill S-2 does not require a majority of people to participate in the vote; it only requires a participation rate of 25%. This is not very democratic, nor is it representative of all band members.
The bill constitutes a one-dimensional approach to a very complex problem. The chief of the Assembly of First Nations, Shawn Atleo, believes that Ottawa is acting unilaterally by introducing this bill, and that aboriginal peoples should solve the problem. Why is this government incapable of listening to and working with first nations? Instead of working with them to solve problems, it prefers to impose trusteeship on aboriginal governments, as it did in Attawapiskat. In 2012, this paternalistic approach should no longer be acceptable. This is not the colonial era.
The federal government must treat first nations with respect and recognize their right to self-government. Members of the official opposition believe that this bill should not be passed. This is a shoddy bill and it does not respect the rights of aboriginal peoples whatsoever. It should be replaced by another bill, ideally a good bill that addresses the lack of financial resources to help first nations governments apply the law, provides legal aid and better access to courts in remote areas, and provides financial assistance to build housing on reserves.
A western-style legal approach is not the only solution. In fact, first nations people have their own traditions when it comes to conflict resolution. A good bill should reinforce traditional aboriginal institutions. In order to find lasting solutions to social problems on reserve, aboriginal governments expect the federal government to recognize their right to self-determination. I would like to quote Ellen Gabriel, a former Quebec Native Women's Association president:
It is reprehensible that the Government of Canada is so eager to pass legislation that seriously impacts the collective human rights of indigenous peoples without adequate consultations which requires the free, prior and informed consent of aboriginal peoples. While it is understood that legislation is not accompanied by commitments to adequate financial and human resources necessary to implement laws, these bills will create further financial hardships on first nations communities.
Some first nations have adopted a proactive approach and have worked with their communities to develop rules and policies related to matrimonial property. Bill S-2 flies in the face of the values of first nations and only does more harm to first nations families. We simply cannot support such a bill, because it completely disrespects Canada's aboriginal people.