Mr. Speaker, it is a privilege today to speak in support of Bill S-2, the family homes on reserves and matrimonial interests or rights act.
The legislation before us has been crafted to meet the specific challenges presented by the fact that over two decades ago the Supreme Court ruled that provincial or territorial matrimonial real property does not apply to first nations reserve lands.
I feel particularly proud as a member of both the parliamentary Standing Committee on Aboriginal Affairs and Northern Development and the Standing Committee on the Status of Women. That is the committee that was fortunate enough to hear about this bill in detail and to hear from some of the victims and those people who supported the bill. We also heard from those in opposition to the bill. I want to address some of those comments, which I am hearing today from the opposition as well.
I find it shameful that there are people in this House who would not vote for this bill. It addresses a long-standing legislative gap with regard to matrimonial property rights. As the Minister of Health just stated, this is long overdue.
I want to talk about a mechanism in the bill that would provide for courts of law to apply matrimonial real property laws on reserve where there are none.
Specifically, I want to talk about the fact that first nations could develop their own laws if they so wish. They could do that while meeting the specific needs of their communities. First nations could determine the content themselves with the help of their councils and leadership. What they would need to do is earn the majority support among eligible members in a public vote. This process is public and out in the open. That is a very important provision in the bill.
Another important provision is the 12-month transition period that was added in direct response to a request from first nations to have it built in. We know that many first nations are quite advanced in developing their own laws, so this allows them a 12-month period to do so before the provisional federal rules would take place. If that is the case, 12 months after Bill S-2 comes into force, the provisional federal rules would come into effect so that those communities that had yet to enact a law of their own under Bill S-2 or some other legislation such as the First Nations Land Management Act would also have a law on this subject. All first nations citizens would have access to the same protections and rights as I and other Canadians have, regardless of where they live in Canada. This is the right thing for us to do.
It is important to recognize that Bill S-2 would not require first nations to enact laws that are identical to the federal rules. To do so would essentially defeat much of the collaborative work that has gone into the proposed legislation, which is years of analysis, consultation and engagement.
Through these collaborative efforts, a clear consensus emerged that first nations must be able to develop their own laws on the issue if they so wish. It is impossible to overestimate the value of this provision. First nations could enact laws tailored to their needs and cultural traditions. As an example of how a first nation could personalize the law, it could grant a role to a council of elders to resolve disputes.
In the case where a first nation does not pass its own laws related to matrimonial real property, the bill would provide for the application of provisional federal rules. That would be fine too. First and foremost, these federal rules are designed to protect individuals who have far too often been victimized by the lack of relevant law, particularly women and children. The federal rules would provide spouses or common-law partners with an equal entitlement to occupy the family home. Should the relationship end, each spouse or partner would be entitled to equal shares of the value of all matrimonial interests and rights, including the family home.The rules would also ensure that the family home could not be sold or remortgaged without the consent of both spouses or partners.
These provisions would prevent a scenario that has become all too common in recent years: one partner or spouse sells the family home and keeps the proceeds, leaving the other partner or spouse impoverished and homeless.
We heard this situation time and again in the status of women committee. It was heartbreaking to hear these women. Their lives will never be the same. Some of them are still paying their fair share of this family home that they have been thrown out of by their former partners. It is shocking. It really is.
I want to talk about two other provisions in the bill that would do much to protect family members when there is violence as well.
The first involves emergency protection orders. We have heard the Minister for Status of Women talk about these provisions often, because she knows how effective they would be in dealing with this issue. Specifically, the order would be issued by a court and would be enforceable by police or peace officers. It would exclude a spouse or common-law partner from the family home for up to 90 days, with the possibility of an extension if necessary. The orders would be made in urgent situations when violence has occurred or is imminent.
A second and similar instrument would be the exclusive occupation order, also in the bill. This would again be fully a enforceable court order that excludes a spouse or partner from the family home for a specified term.
In both cases, the excluded spouse or common-law partner would be able to contest the order in court.
Also, the federal rules proposed in Bill S-2 would address the often difficult issue of who can occupy the family home after a spouse or common-law partner passes away. As unfair as it seems, there have been cases in which a widower has been forced out of the home upon the death of his wife. Therefore, under this proposed federal regime, the surviving spouse or common-law partner could remain in the home for at least 180 days.
The government believes that what has been proposed would also balance individual rights and interests with collective rights of first nations. Bill S-2 stipulates that a first nation would have the right to make representation to the court on its collective rights on its reserve land as well as on any relevant cultural, social or legal matters not relevant to a case heard under the federal rules. This provision would not apply, however, in cases involving emergency or confidentiality orders, which I believe is entirely appropriate, given that emergency orders can sometimes involve life-threatening situations.
I believe that there is built into this bill respect for the collective rights of first nations. For example, non-members would not be allowed to acquire permanent interests in reserve land, nor would they be able to benefit from the value or appreciation of that land.
There would be one exception, which is that if a non-member has contributed to the improvement of the land that he or she held together with a former spouse, that person may be entitled to some compensation. That entitlement would apply only to improvements, not to the original value of the land.
Finally, this is the fourth version of a bill that has come before Parliament on this issue. Bill S-2 includes amendments, making the previous bills even better, and of course extensive consultation took place.
I echo the words of the Minister of Health when I say that it is time to stop debating this issue and time to take action. It is time to pass this bill.
The legislative gap has hurt families and entire communities, and there have been individuals on first nations for more than 25 years without the same rights that I and other members enjoy. Let us stop the pain and suffering caused by this legislative gap. This pain and suffering can often lead to homelessness and poverty. Again, this measure is long overdue. I urge my colleagues on all sides of the House to join me in supporting this legislation, Bill S-2.