Mr. Speaker, I am thankful for the opportunity to speak to this particular piece of legislation. There have been discussions and contributions by a number of stakeholders. From my own experience and context, I think back to the more than eight years that I spent living and working in isolated first nations communities across Canada, in Ontario, Manitoba, Saskatchewan, British Columbia and parts of the Arctic Circle.
I mention this experience because earlier in the debate we heard some concerns put forward. I do not know if they are on the record or not, but I heard the words “jurisdictional matters”, and if I might say so with some humility, I have a sense not just for the issues as legal counsel for first nations communities over a number of years but for any of the jurisdictions where this might be a problem.
Earlier I had a line of questions for members across the way and in my own caucus, tough but fair questions around the emergency protection orders and priority occupation measures that this piece of legislation contemplates. In my respectful view, these are two key components of this legislation.
In the special standing committee on murdered and missing aboriginal women we heard from a witness who was unequivocal and categorical in her understanding of this legislation, particularly with respect to emergency protection orders and priority occupation. We heard that these two pieces would have, in fact, spared her from a tremendously difficult process that arose as a result of a domestic violence situation perpetrated on her by her partner at the time.
In the progression of this debate, we have heard members, particularly in the official opposition, identify a number of groups that they say are in principle against the legislation overall. With the greatest of respect, I do not think that considers some of the good people who commented on this legislation and may have made a general statement about it, because what they were really concerned about—and I think we are all in agreement on this point—is that whenever and wherever possible, the real effort should be to encourage first nations communities to develop their own matrimonial real property regime.
This bill would achieve that end. It says to first nations under a variety of different agreements, such as the First Nations Land Management Act and self-government agreements, to go out and make this. In fact, first nations do not even have to belong to one of those two categories to design or develop their own framework for matrimonial real property.
It is important, because we know that whether it is first nations communities or non-first nations communities, relationships do break down. In that final and most unfortunate category of relationship breakdown, or along the way, violence can arise. That is why my emphasis is on emergency protection and priority occupation: it is because this is where the real vacuum in the law exists. It is that fundamental ability of a police officer and a magistrate at that difficult time to give a woman and, most importantly, her children an opportunity to stay in the home.
I, unfortunately, have had a ringside seat in this special category that I am referring to. I have seen a woman and her family taken out of the home. It is not a very nice thing to see. I cannot imagine experiencing it. I can only relay to my friends across the way and to members of this government and caucus the importance of these two elements alone as grounds to consider matrimonial real property and how it would work on reserve until or unless first nations communities were in a position to develop their own regime that would respect these two important principles.