Mr. Speaker, I rise today in support of Bill S-2, the family homes on reserves and matrimonial interests or rights act. Bill S-2 would remove a factor that contributes in no small way to violence against women living in many first nation communities. The proposed legislation would give these women similar legal protection to that enjoyed by other Canadian women and the same legal tools and mechanisms that other Canadian women use to prevent and combat abuse and violence, particularly from spouses or common-law partners.
For many years, debates in Parliament about this issue have focused on the legislative gap: the fact that no effective law has existed for more than 25 years since a Supreme Court decision ruled that provincial matrimonial real property law cannot be applied in first nations communities, yet the truth of the matter is that this is much more than a legal issue for countless women. It is about pain and suffering, victimization and injustice. For many women, it is also about survival, courage and resolve.
When I consider the issues surrounding Bill S-2, I look through the prism of these ideas, the individual experiences of Canadians who have fallen victim to a legislative gap. Theirs is typically a harsh reality of impossible choices. An abusive husband threatens to evict his wife and children from their family home in a first nation community. She cannot leave with the children because they have no place else to go. If she stays, they will all suffer physical and emotional trauma. There is no law that would allow her to stay in the family home with her children. It is a miserable and awful truth lived by some Canadians each and every day.
During its review of the legislation now before us, the Standing Committee on the Status of Women heard from a number of witnesses, including Ron Swain. Mr. Swain is the vice-chief of the Congress of Aboriginal Peoples. He is also an ex-police officer who recently retired after more than two decades on the job. During his testimony, he recalled a particular incident that was typical of what was experienced dozens of times during domestic disputes on reserves:
Usually, a big fight takes place, the police are called, the police show up, and whoever is the perpetrator or the offender gets arrested and taken away.
I can give you an example...going back a few years [where that] individual happened to be from that community, and he was with a Métis girl who wasn't from that community and didn't have band membership or wasn't part of the band. Once the person was released from custody, he went to the chief and council. Within a very short time, a band council resolution was passed, and then he had control and custody of that building, the house, the matrimonial home.
They were in a common-law relationship at that time. She had some children but not from that relationship. She was basically forced to leave that community. There was no separation of property. She basically had no rights...she was escorted off that community with just the clothes on her back and with her children.
Ron Swain's testimony cuts to the heart of the issue. Until effective legislation is in place, the vast majority of Canadians who live on reserve will be vulnerable to this type of abuse, and there is not a court in the land that can help them.
The standing committee also heard from Jennifer Courchene, a first nation woman who survived a similar situation: her husband evicted her and their children from their family home. In part of her testimony, she said:
When I went to court, the judge did want to help us. He said he would...if he could, but he couldn't. He said his hands were tied.
She also stated:
There are probably many, many other women who have gone through what I've gone through, and the story is pretty much the same: the woman loses the home...[and] if there had been something to help us, we would have taken it, rather than be homeless, that's for sure.
Bill S-2 would close the legislative gap that continues to cause harm. The proposed legislation would give Jennifer Courchene and the thousands of women like her the legal protection they so rightly deserve, protection similar to what the law affords women who live off reserves, women like me.
As my hon. colleagues should recognize, the proposed legislation would feature a two-part solution. The first part would authorize Canada to recognize laws developed and endorsed by first nations communities. The second part is the provisional federal rules that would apply in those communities that have yet to develop laws related to matrimonial real property rights and interests. The federal rules would not take effect until 12 months after Bill S-2 became law. The end result would be laws to protect the matrimonial rights and interests of all Canadians, regardless of where they live. The provisional federal rules would give victims of abuse or violence access to two tried and true legal tools to defend themselves: emergency protection orders and exclusive occupation orders.
Currently the law does not provide people who live in the majority of first nation communities with access to these orders, yet these orders are widely credited with saving the lives of thousands of people, typically women facing violent, abusive spouses or common-law partners.
These orders, the provisional federal rules and the rest of Bill S-2 are designed to ensure that Canadians who live on reserve have similar matrimonial real property rights and protections to those of Canadians who live off reserve.
The proposed legislation would promote the safety of children and caregivers who experience family violence. It would enable children to remain in their home and benefit from the stability that this provides: the connection with the community and extended family and access to services, schools and special programs. In the event of separation or divorce, Bill S-2 would also ensure that matrimonial assets are divided in an equitable manner.
The importance of these points cannot be overemphasized. Children who witness violence between their parents are more likely to end up in violent relationships when they grow up. The proposed legislation would help break this cycle.
Most first nations women do not have access to the legal protections and tools available to other Canadian women. Women who live off the reserve can secure legal remedies, such as court orders. For women in abusive relationships, these orders are vital tools they can use to protect themselves and their children. The orders also serve as powerful deterrents to would-be abusers.
Bill S-2 would help prevent violence against women. I urge my hon. colleagues to consider the matter from the perspective of a woman who lives on a reserve with a physically abusive spouse. If they do, I fully expect they will be joining me in voting in favour of the proposed legislation.