Mr. Speaker, I will proudly be sharing my time with the member for Sudbury.
I am thankful for the opportunity to speak to this bill. I have been listening to the debate this morning, starting off with the Minister for Status of Women, who kicked it off. My analysis of what I have heard so far is that the minister and the Conservative members of the House, who stood to speak to the bill, are being paternalistic. Members may wonder how that can be as they are women. It is still possible for women to be paternalistic. That is what we are hearing in the House.
The minister made a comment in one of her answers about the opposition saying that we should consult, consult, consult, that we have had enough with consultation and it was time for action. What does it mean if the government consults when it actually does not take those recommendations? Is that actually consultation? I do not think it is. It is bogus consultation to gather everybody in a room together, nod thoughtfully, with the appropriate tasks and yeses, and then totally ignore everything that was said.
The Conservatives have put together a bill that is not based on consultation. They stand here all sanctimonious saying that the opposition will not stand up for women, aboriginal women and first nations people. We are standing up for women. That is what I am doing right now. I am standing up for human rights in Canada. What the Conservatives did is not consultation. It is disrespectful and paternalistic.
The intention of the bill is to give equal property rights to both spouses in the event of separation. We know that same sex marriages are legal in Canada, that is something I am really proud of, but in the majority of cases we are talking about on reserve and, in this case, historically that is generally a man and a woman. What the bill tries to do is effect equal property rights distribution. However, we do not believe it can be implemented for lots reasons, many of which have been enumerated by first nations stakeholders.
Parliament has heard these concerns time and time again, but the Conservatives keep ignoring them. Imposing provincial legislation on first nations without their consent is ethically and practically problematic. It ignores their inherent rights and sovereignty.
If I were drafting a bill about matrimonial property rights on reserve, who would I consult? I would probably consult widely, but put a lot of weight on any testimony or any opinion that the Native Women's Association had, as well as the Assembly of First Nations.
The Native Women's Association and the Assembly of First Nations both demand better legislation because the consequences of passing this legislation are so dire. Therefore, we oppose this bill, along with those two key groups and many experts across the country.
I mentioned that the Conservatives were ignoring that consultation. What exactly are they ignoring? The Assembly of First Nations facilitated a dialogue around matrimonial property rights and found the following three broad principles that would be key to addressing matrimonial property rights on reserve: first, recognition of first nations jurisdiction; second, access to justice, dispute resolution and remedies; and third, addressing underlying issues such as access to housing and economic security. That is what came out of the AFN-facilitated dialogue. Bill S-2 does not deal in a meaningful way with any of those issues.
What else do we know the Conservatives are ignoring? There is a 2004 Senate report called "Still Waiting”, which highlighted the need for action on matrimonial property rights. It also recommended that the issue be referred to the aboriginal affairs committee.
We have heard lots of folks in the House talk about the fact that this will go to the status of women committee and not the aboriginal affairs committee. There is another solid recommendation that has been ignored.
We also had an aboriginal affairs committee report in 2005 called “Walking Arm-in-Arm”. This was the first study to consult with the Native Women's Association and the AFN, along with other first nation stakeholders. That is a positive step.
These were their recommendations: first, that the Native Women's Association of Canada and Assembly of First Nations be consulted in order to draft legislation, or Indian Act amendments; second, provide funds to help first nations draft their own matrimonial property rights codes; third, legislation should not apply to first nations that draft their own codes; fourth, amend the Canadian Human Rights Act to apply on reserves; and fifth, stress that all recommendations be Canada's recognition of first nations' inherent right of self-governance.
Not all of these recommendations are being taken into account in Bill S-2. That is what is being ignored. The bill is an insincere and overly simplistic attempt to rectify what is really a complex problem that is brought about by the Indian Act.
I am not, contrary to the minister's accusation, saying to continue to consult and consult needlessly. I am saying that we should listen to the consultation, take the ideas that came from it and use them, because it would be impossible to implement Bill S-2. It looks nice on paper, but it would be impossible to implement because of a lack of financial resources to support first nations governments to actually implement the law. It would be impossible to implement because of a lack of funding for lawyers and legal advice. It would be impossible to implement because of a lack of funding to account for limited geographic access to provincial courts. It would be impossible to implement the bill because of a lack of on-reserve housing and land mass that would be necessary to give both spouses separate homes on the reserve.
What does it mean when it is printed on paper and is passed and enacted? What does it mean if we cannot realize these rights in first nations communities?
We have heard from a number of my colleagues, and I agree with them. The NDP will not support any changes to matrimonial property legislation that are not accompanied by non-legislative remedies to serious problems. That would include ending violence against aboriginal women, addressing the housing crisis on reserves and ending systematic funding discrimination against first nation children. Those are the key things that need to be present if we are to look at the issue of matrimonial property rights.
I have stood in the House and listened to the debate. I have listened to the heckles from the sideline. I have listened to the member from Portage—Lisgar saying that we should be hanging our heads in shame over here. I have listened to her heckle from the other side saying that it is really important to recognize aboriginal rights and that we should be ashamed of ourselves for standing in the way of that. Well, if she will not listen to opposition members, if she refuses to do that, maybe at the very least she will listen to Ellen Gabriel, former president of the Quebec Native Women's Association and AFN grand chief candidate. She said:
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.
While no one will argue against the fact that solutions must be found on the issue of gender discrimination in regards to MRP or that we must work together to find ways to help First Nations communities to have access to safe drinking water. Sharing equal responsibility requires the means to effectively implement measures that do not create further burden upon communities; financial or otherwise.
Should Ms. Gabriel hang her head in shame? Should she be ashamed for refusing to acknowledge women's rights?
Maybe the Conservatives will listen to Dr. Pam Palmater, who is a practising lawyer and professor of aboriginal law at Ryerson and a member of the Mi'kmaq Nation on the east coast. She talked quite a bit in committee about why the legislation was bad, why it should not be brought forward and why it should not be passed. Should Dr. Palmater be hanging her head in shame for not standing up for first nation women's rights? I hardly think so.
If the Conservatives refuse to listen to the opposition on this, at the very least they should have the respect to listen to the men and women who testified at committee, who have spoken out loud and clear on this issue and who are the real experts about how this will play out in their communities.