Bernard Valcourt

[Family Homes on Reserves and Matrimonial Interests or Rights Act, April 17th, 2013]

Mr. Speaker, the rhetoric of the hon. member aside, the fact remains that the department undertook an extensive two-year national consultation process. It included over 100 meetings in 76 sites across Canada, at a cost of more than $8 million.

More importantly, the legislation responds to calls for action over the past 25 years by first nations and groups such as Amnesty International, the United Nations, women's organizations, and parliamentary committees to Canada for the resolution of this long-standing inequity.

Since the family homes on reserves and matrimonial interests right act was first introduced in 2008, more than 39 hours have been dedicated to debate and study of the bill in Parliament. More than half of this time occurred during committee on study of the bill, with 60 appearances from first nation organizations, individuals, and federal and provincial representatives among others. Now, almost five years later, it is time for action.

[Family Homes on Reserves and Matrimonial Interests or Rights Act, April 17th, 2013]

Mr. Speaker, I thank the hon. member for Winnipeg South Centre for her excellent question.

As the member said, under the proposed legislation, first nations can choose to enact their own laws on matrimonial real property rights and interests— legislation that would address their own specific needs and respect their customs—or to apply provisional federal rules.

By allowing first nations to enact their own laws, Bill S-2 respects their diversity. As a result, they could pass laws that are aligned with the needs of their communities, enabling them to take a different and effective approach to matrimonial real property rights issues on their respective reserves.

The bill also provides for an implementation period so that first nations have the information and time they need to enact their own laws on matrimonial real property rights.

That is why we made a commitment to create an independent centre of excellence for matrimonial real property that will help first nations either to enact their own laws or to apply provisional federal rules.

[Family Homes on Reserves and Matrimonial Interests or Rights Act, April 17th, 2013]

Mr. Speaker, let me repeat this. It is unacceptable that people living on reserve have for decades been deprived of the same rights and protections afforded Canadians living off reserve simply because of where they live. This is not the first time this has come before the House. This year our government is determined to see this legislation pass so the injustice that aboriginal women and families on reserves have suffered for 25 years will be finally corrected. That is why it is important that we act now.

[Family Homes on Reserves and Matrimonial Interests or Rights Act, April 17th, 2013]

Mr. Speaker, first, the member should know that aboriginal rights are protected under section 35 of the Constitution Act, 1982.

What we are talking about here is a flaw in the Indian Act. Based on two Supreme Court decisions, it prevents aboriginal couples on reserves from enjoying the same matrimonial rights as other people in the province they live in.

Broad consultations were held for almost two years. There were some 100 gatherings in 76 locations across the country in order to consult with first nations on the issue. To answer his question, yes, there was ample consultation.

[Family Homes on Reserves and Matrimonial Interests or Rights Act, April 17th, 2013]

Mr. Speaker, matrimonial real property, or the family home, is without question the most valuable piece of property that a couple on a reserve owns. Upon the breakdown of a marriage or a common law relationship, the division of property affects all involved, both spouses, their children, their families and, by extension, the broader community.

In this case, time allocation is necessary to ensure that women and children living on reserve do not have to wait any longer to benefit from the same rights and protections that people living off reserve are afforded. They deserve and expect no less.

[Family Homes on Reserves and Matrimonial Interests or Rights Act, April 17th, 2013]

That is where it originated. Again, there were more hours at the committee level. I know those members like to speak for the sake of speaking, but there comes a point where we must take action.

[Family Homes on Reserves and Matrimonial Interests or Rights Act, April 17th, 2013]

Mr. Speaker, the fact is that if we look at the family homes on reserves and matrimonial interests or rights act and we look at the hours that it has been debated and studied, five hours in the House on a previous incarnation of Bill S-2, in the Senate for another number of hours—

[Family Homes on Reserves and Matrimonial Interests or Rights Act, April 17th, 2013]

Mr. Speaker, the record will show that since 2005 to 2007, this matter has at times been before the House and unfortunately it has never passed to become law. During all this time, it is the aboriginal families living on reserve that pay the price of inaction. After all those hours of debate that have taken place in the last few years, we simply want to render justice to that segment of the Canadian population.

[Family Homes on Reserves and Matrimonial Interests or Rights Act, April 17th, 2013]

Mr. Speaker, what the hon. member fails to mention or consider is that there is an important part of the Canadian population that happens to be aboriginal people, first nation mothers and families, that for years have lacked the same degree of protection and rights as all other families outside of reserves have in our country.

I know opposition members do not care about aboriginal women and children, but we do. After 25 years, the time has come for action.

[Aboriginal Affairs, April 16th, 2013]

Mr. Speaker, as a matter of fact, I said this claim was laid on the table in 1991, and for the better part of 13 years that the Liberals were in office, they did nothing with it and today they have the gall to stand and call for action while they are sitting in the third place.