Debates of May 9th, 2013

Indian Affairs and Northern Development—Main Estimates, 2013–14

[Bernard Valcourt, Conservative, Madawaska—Restigouche, NB]

Mr. Chair, I know for a fact that my colleagues the Minister for Status of Women and the Minister of Health and our departments are working together to address that situation. There are programs in place which are gender-neutral, but efforts are being made to work with the stakeholders and these groups in order to improve their employability.

That is why the NDP should revise its position to oppose the measures that will lead to better skills training of these young girls and women throughout all first nations in Canada.

[Niki Ashton, NDP, Churchill, MB]

Mr. Chair, how does the federal government plan to address the need for increases to officer complements in first nations police forces and for proper training and equipment for these officers so they can do their job effectively, efficiently and safely.

[Bernard Valcourt, Conservative, Madawaska—Restigouche, NB]

Mr. Chair, I thought the member was going to congratulate the government for the announcement by the Minister of Public Safety that long-term sustainable and predictable funding has been committed to provide those services for first nations all across Canada.

[Niki Ashton, NDP, Churchill, MB]

Mr. Chair, when will the first nations police program be updated to address the current situation facing first nations police services and include resources for housing and infrastructure?

[Bernard Valcourt, Conservative, Madawaska—Restigouche, NB]

Mr. Chair, as I just said, the government has recently announced long-term sustainable and predictable funding to help first nations police on first nations lands. We can trust these professionals to do their job to the best of their ability. They know the terrain really well and I trust they can discharge their responsibilities.

[Niki Ashton, NDP, Churchill, MB]

Mr. Chair, is the minister saying that all first nations that have pointed to the deficiency in policing funding are okay with the funding announcement, or are there still first nations that require and have asked for federal funding for their police service?

[Bernard Valcourt, Conservative, Madawaska—Restigouche, NB]

Mr. Chair, the hon. member should know by now that this government remains focused on four priorities and they have been outlined by the Prime Minister many times. These are priorities that Canadians care most about: first, their families; second, the safety of our streets and communities, and that does not stop at the door of first nations because they are included; third, their pride in being a Canadian citizen of our country; and fourth, their personal financial security.

[Niki Ashton, NDP, Churchill, MB]

Mr. Chair, I would ask the minister to hear the calls from the Garden Hill First Nation regarding policing.

The department completely eliminated the funding envelope that provides first nations and tribal councils with the financial resources to secure legal services. Could the minister explain why the government continues to take actions that stifle the ability of first nations to advocate and protect their interests?

[Bernard Valcourt, Conservative, Madawaska—Restigouche, NB]

Quite the contrary, Mr. Chair. This government and this department is working co-operatively with first nations all across Canada to improve the situation, the self-sufficiency and the prospects of first nations all across Canada.

[Susan Truppe, Conservative, Parliamentary Secretary for Status of Women]

Mr. Chair, before I begin, I would like to indicate that I will use the first 10 minutes of my time to speak and the last five minutes for questions.

Funding for Aboriginal Affairs and Northern Development programs services and activities allows the department to support aboriginal people and northerners in their efforts to improve social well-being and economic prosperity, develop healthier, more sustainable communities and participate more fully in Canada's political, social and economic development.

One such initiative that aims to improve the rights of families living on reserves is Bill S-2, the family homes on reserves and matrimonial interests or rights act.

Many Canadians are not aware that in the absence of legislation like Bill S-2, if the spouse who holds the interest in an on-reserve family home passes away, the surviving spouse has no legal rights to that home, or that the spouse holds the interest in a family home on-reserve can sell that home without the consent of the other spouse and keep all of the money, or that the spouse who holds the interest in the family home on reserve can bar the other spouse from the residence.

Where do members think they are going to end up?

Constituents in my riding of London North Centre were shocked when I told them that aboriginal women did not have the same matrimonial rights that women off reserves had, or that in the event of domestic violence or abuse a court cannot order the spouse who held the interest in the on-reserve family home to leave their residence, even on a temporary basis.

Domestic violence is a stain on society. To counter it, countries such as ours should continue to maintain effective justice systems and to establish appropriate and specialized legal responses.

For many women living on reserves, however, there is no justice. Aboriginal women are at least three times more likely than non-aboriginal women to experience violence. They are also more likely to experience severe violence that is repeated over time and over and over again.

Aboriginal women who experience this violence and abuse currently have no legal recourse when it comes to the family home. In cases of abuse, women often have to choose between leaving their home or enduring the abuse because there are no emergency protection orders or exclusive occupation orders available to them.

I saw a witness in tears who said that if this bill had been in place, she would still have her home, for which she paid.

Although violence against women that takes place off reserve has similar impacts on individuals and communities, there is at least one fundamental difference off reserve. There are laws that enable women to seek protection and retain access to the family home. Women who live off reserve can go to a judge and secure legal resolutions, such as exclusive occupation orders and emergency protection orders. These tools provide women with the rights to the family home and a way to protect themselves and their children. This has been going on for years all across Canada, but not on reserves.

However, many women living on reserves do not have access to the same protection measures. Aboriginal women on reserves are all too often forced to leave the family home, along with their children, and even leave their reserve community when they experience violence at the hands of their intimate partner.

It is simply unacceptable that in this day and age, people living on reserve are not afforded similar rights and protections as those available to people living off the reserve. Individuals living on reserves should not be penalized simply because of where they live.

Bill S-2, family homes on reserves and matrimonial interests or rights act, if passed, will provide matrimonial real property rights and interests to men and women who live on reserves and will provide protection for spouses in situations of domestic abuse.

Betty Ann Lavallée, national chief of the Congress of Aboriginal People, said before the Standing Senate Committee on Human Rights, that Bill S-2 is addressing the real human issue—

[Carolyn Bennett, Liberal, St. Paul's, ON]

Mr. Chair, I rise on a point of order. I was wondering why Bill S-2 has anything to do with the main estimates.

[The Chair, NDP, Joe Comartin]

I am sure the member is aware that the range of debate is extremely wide, I think even more so when we are in the committee of the whole.

The parliamentary secretary.

[Susan Truppe, Conservative, London North Centre, ON]

[Bill S-2] is addressing the real human issue of an aboriginal person, something taken for granted by all other Canadians...A spouse within an aboriginal relationship should not be denied, or put out on the street alone and without any recourse, because of a family [or marital] breakdown.

Prevention is the cornerstone of the government's overarching plan to stop the violence perpetrated against aboriginal women. This bill is one important means by which first nation women and children would be protected as it will allow access to emergency protection orders.

Bill S-2 would provide protections in situations of family violence and may prevent future incidents. Furthermore, this legislation would empower first nations to develop their own laws in the area of matrimonial real property, laws designed to meet their particular needs and respect their particular customs.

Under Bill S-2, a first nation could formalize its traditional dispute resolution processes and remedies and finally give them the force of law. The legislation would also ensure that until such time as a first nation would be able to create its own laws, federal rules would provide families with the rights and protections they sought and deserved just like all non-aboriginal citizens and aboriginal people living off reserves.

As a result, all men, women and children living on reserve would have rights related to the occupancy transfer or sale of the family home that were not previously available to individuals living on reserves.

More important, in situations of family violence a spouse would be able to apply for an emergency order to stay in the family home with the exclusion of the other spouse for a period of up to 90 days with a possibility of an extension.

Furthermore, we have committed to the creation of an arm's-length centre of excellence for matrimonial real property, which will assist first nations in the development of their own on-reserve matrimonial real property laws or in the application of the federal provisional rules.

I would like to point out that as part of the development of this legislation, our government undertook an extensive consultation process that included over 100 meetings in 76 cities across Canada.

We have had ample opportunity to review, discuss and debate the bill since it was first introduced in 2008. Since then, more than 40 hours have been dedicated to debate and study of the bill in Parliament. More than half of this time occurred during committee study of the bill, with 60 appearances from first nation organizations individuals and federal and provincial representatives, among others.

As a result of these consultations, Bill S-2 incorporates a number of improvements over previous versions. We are proud of this bill and urge all parties to support it.

To further protect vulnerable aboriginal women and children, Aboriginal Affairs and Northern Development Canada also supports access to a network of shelters serving on-reserve residents and work in partnership with provincial and territorial governments, first nation people and other stakeholders to develop effective and appropriate solutions to the issue of the domestic violence.

Family violence is an issue that can affect Canadians from all walks of life and can have tremendous costs, particularly for children, so it is important to ensure that help is near. Families and first nation communities that are remote and isolated make these particular challenges in accessing protection and support services. In order to address these challenges, this government invests in the ongoing operation of the family violence prevention program on reserve.

Economic action plan 2013 commits $24 million over two years for this program. These funds will allow the total funding level of the program to remain at $30.4 million for each of the next two years. This investment contributes to enhanced safety, security for on-reserve residents, particularly women and children.

[The Chair, NDP, Joe Comartin]

Questions and comments, the hon. Parliamentary Secretary for Status of Women.

[Susan Truppe, Conservative, London North Centre, ON]

Mr. Chair, I have the pleasure of being part of the status of women committee that is currently studying Bill S-2. I hope that the bill will be referred back to the House very soon. If passed by Parliament, Bill S-2 will do much to protect some of the most vulnerable people in Canadian society, specifically women and children living in first nation communities.

This bill must be passed into law in order to ensure that women and children on reserve can benefit from the same rights and protections people living off reserves are afforded. They deserve and expect no less.

Our government believes that family violence, wherever it occurs, should not be tolerated, and that the rights of individuals and families to an equal division of the value of the family home must be protected.

It is shameful that the opposition is not supporting these important measures. If they truly want to stand up for aboriginal women and children, they should support our legislation to protect the rights of women and children on reserves.

Can the minister explain to the committee why aboriginal women and children cannot wait any longer for access to these same rights and protections?

[Greg Rickford, Conservative, Kenora, ON]

Mr. Chair, I want to thank the member for London North Centre for her work on the status of women committee dealing with this piece of legislation and her participation on the special committee for missing and murdered aboriginal women.

Working for more than 20 years, in eight of those years working as a nurse, as well as being a business person and a lawyer, meaning involvement in health, economic development and justice, I know there are several important pieces to develop any one of these particular areas.

One of those important pieces is actually this legislation, because unlike the majority of Canadians, individuals residing on most reserves do not have the same rights and protections that you and I and women do in the event of a relationship breakdown, death of a spouse or family violence. Women and children in families living on reserve have been waiting for this for more than 25 years. Without those matrimonial property rights, particularly the emergency protection orders contained in them, these vulnerable people will continue to be defenceless, and we are here to fix it with this piece of legislation.

[Susan Truppe, Conservative, London North Centre, ON]

Mr. Chair, aboriginal women are three times more likely to experience violence, including spousal violence. Our government believes that aboriginal women should have access to rights that most other Canadian women take for granted: the right to the equitable distribution of the family home upon a divorce or separation, the right for a spouse and their children to continue to occupy the family home on the death of a spouse and the right to be protected from violent situations in the family home.

We have heard stories about aboriginal women having to leave a violent situation in their family home on reserve for a shelter in a nearby town. We have heard stories about aboriginal women who have paid for the family home on reserve, only to be evicted on the dissolution of the relationship. Some of these women are still paying for the homes in which they are not allowed to stay anymore.

Could the minister please speak to the need for access to justice for these aboriginal women?

[The Chair, NDP, Joe Comartin]

The parliamentary secretary has a little better than a minute to respond.

[Greg Rickford, Conservative, Kenora, ON]

Mr. Chair, I would be happy to answer that question. In my time working as a nurse in these communities, rather unfortunately on occasion, I have witnessed first-hand and have had a ringside seat to unfortunate acts of family violence. I have seen first-hand at two or three o'clock in the morning, when it is minus 30° or minus 40°, an unfortunate act of violence committed to a woman and have seen her at the front door of that nursing station with her small children.

It was shocking then and it is shocking now that as a matter of justice and a matter of access to justice, they do not have the right to protect themselves in situations of violence or, as the member points out, in the dissolution of a marriage.

The bill does not propose anything more than providing access and the same rights and protections on reserve that are already available to individuals living off reserves under provincial and territorial legislation.

[Carolyn Bennett, Liberal, St. Paul's, ON]

Mr. Chair, I would like to ask the minister if he thinks that consultation with aboriginal people is best handled by the federal government or by businesses like Enbridge?

[The Chair, NDP, Joe Comartin]

Would the hon. member indicate how much time she is going to use in the way of a speech and how much in the way of questions?

[Carolyn Bennett, Liberal, St. Paul's, ON]

There will be no speeches.

[The Chair, NDP, Joe Comartin]

Okay. The hon. minister.

[Bernard Valcourt, Conservative, Madawaska—Restigouche, NB]

Mr. Chair, Canada takes its legal duty to consult obligations very seriously. We are committed to an approach to aboriginal-Crown consultation and accommodation that is fair, efficient, accessible, transparent and meaningful.

[Carolyn Bennett, Liberal, St. Paul's, ON]

Mr. Chair, in the 2013-14 main estimates they allocate about $11.4 million in contributions to first nations for the purpose of consultation policy development. Why is the department expecting to cut support for first nations participation and consultation by 60%, or $18 million, from last year?