Mr. Speaker, I will be sharing my time today with the member for Saskatoon—Rosetown—Biggar.
I want to take a few minutes as I begin to speak on Bill S-2, the bill that would give real matrimonial property rights to aboriginal women and men living on reserves, and talk a little about why this bill is so important to me personally.
I get very emotional whenever I stand to speak about this. I feel very passionate about it. My granddaughter, Arcaydia Faith, is a baby girl of just over a year old, and she is of aboriginal descent. My son's girlfriend, a beautiful young aboriginal woman named Tamara, is a status Indian. When I look at my granddaughter, Arcaydia, and I look at her beautiful mother, Tamara, who together with my son are trying to build their lives, and I realize that my granddaughter and her mother do not have the same rights as I do as a Canadian woman just because they are born as status Indian women, it saddens and troubles me, and it literally breaks my heart.
It breaks my heart not just for these two aboriginal women who are part of my family but, more importantly, for the tens of thousands of aboriginal women and, frankly, men who are victimized over and over again because of who they are and because of their Canadian status.
When I speak about this issue and when I hear the opposition say it is not aboriginal women talking about aboriginal rights, as Canadians we do not accept that argument anymore. We are here, standing up for those who nobody else will stand up for.
On this side of the House we are standing up for them, and as a grandmother and as a mother, I am standing up for my aboriginal granddaughter and her mother. I am very proud to do so. I will do it for as long as I can, until we see the same rights that are afforded to every other Canadian afforded to aboriginal people.
As well, I want to say this does trouble me. I have a lot of respect for many of the opposition members who I believe are here for very solid and good reasons, but it does sadden me deeply when they oppose this legislation. I think if they looked at themselves in the mirror, they would know they do not have any good reason to oppose it.
I will also say I am very disappointed there has not been more coverage of this issue in the media. I do panels, almost on a weekly basis. I do news panels on the RCMP. I do news panels on prisoners and all kinds of very interesting topics. Why are we not doing panels and why are we not talking about Bill S-2 and the rights of aboriginal women?
We should be talking about this day and night for the next several weeks. We should have been talking about this. I am troubled. I think it begs the question that maybe we all have to look in the mirror. Why is it that aboriginal women in this country deserve to be virtually ignored not only by the media but sadly also by the opposition who I believe are here for the right reasons?
I challenge the opposition members to stand up and have the courage to maybe vote against their leader, maybe vote against their party, and do the right thing and support aboriginal women and the rights of aboriginal women on reserve.
I do want to take few moments to talk about what our government has done in terms of consultation. I think it is important that we look at the statistics on what aboriginal women face.
Approximately 15% of aboriginal women in 2009, in a marriage or with a common-law partner, reported that they had experienced spousal violence in the 5 previous years. This is a very serious and relevant issue. Of those who had been victimized, 58% reported that they had sustained an injury, compared to 41% of non-aboriginal women. Further, 48% reported that they had been sexually assaulted, beaten, choked or threatened with a weapon, and 52% of aboriginal women reported they felt threatened and feared for their lives.
Bill S-2 is designed to address this very real need in first nations communities for fair matrimonial rights and interests. It proposes not only to protect today's victims but also to prevent similar injustices from occurring in the future.
Bill S-2 and its implementation plan have been meticulously developed to take into account the realities of life on first nations reserves. For example, due to the remoteness of many first nations communities, the regulations under this legislation would enable an individual to secure an emergency protection order by telephone, email or fax.
Right now they could be crying for help, they could be phoning, and there is no protection order for them. Not only would this bill bring in the ability for a protection order, but it could actually be acquired by telephone, email or fax for emergency protection. Bill S-2 would also authorize a peace officer or other appropriate person to apply on behalf of a spouse or common-law partner, again providing that support that is so needed in times of crisis.
In addition, the government plans to support the implementation of the legislation through education and training. Front-line police officers would be given tools, policies and training to effectively enforce relevant laws governing matrimonial property rights. Education material and opportunities are also planned for provincial and territorial superior court judges. This would provide judges with a clear understanding of relevant on-reserve social issues, along with Bill S-2 and first nation laws.
There is a two-part phased-in approach proposed for the implementation of Bill S-2. The first part would allow courts to apply first nations' laws. This is very important and something that we recognize. The second part is a provisional federal regime that would apply to those communities that have yet to develop laws related to matrimonial rights and interests. The federal regime would not take effect until 12 months after Bill S-2 becomes law. The end result, however, would be that laws that protect the matrimonial rights and interests of all Canadians, aboriginal or non-aboriginal, regardless of where they live, would occur.
Some first nations currently deal with family violence issues by bringing an independent third party into the household to help resolve disputes, and their laws would continue this process. First nations would be free to create laws that align with their traditions and cultures. Laws developed under the mechanism proposed in Bill S-2 must satisfy only a few criteria. They must be endorsed by a majority of members in a free and open referendum, and they must respect the Canadian Charter of Rights and Freedoms and the Canadian Human Rights Act.
I do not think anyone could argue that aboriginal people should not have the same rights that we enjoy under the Canadian Charter of Rights and Freedoms or under the Canadian Human Rights Act. To suggest the opposite, some would say is not only unfair but extremely discriminatory.
To support this empowering and culturally sensitive approach, our government would fund the creation of a centre of excellence for matrimonial real property. With the centre of excellence, first nation communities would have support and resources as they draft their own regimes. During its life cycle the centre of excellence would become an important resource to synthesize important tools, communications and research activities, and assist first nation communities and organizations in the development and application of the new legislation.
In addition to its critical role as a central resource, the centre of excellence would be supported by an advisory committee comprised of key stakeholders, such as the Government of Canada, aboriginal organizations, non-governmental organizations and centre of excellence staff. The committee would provide non-binding guidance on the direction of the centre in such areas as research and implementation related activities.
By endorsing Bill S-2 we could close this deplorable legislative gap and start the real and necessary work required to prevent the gap from claiming new victims, while putting an end to the pain and suffering that countless children and women are currently experiencing. It is time that all Canadians, regardless of where they happen to live, have access to a process to help them receive protection from domestic violence and abuse.
Clearly, Bill S-2 would provide first nations women with rights and protections in situations of domestic abuse. It is an essential part of any effective solution of violence against women and children. We talk about that so much in the House, whether it is murdered or missing aboriginal women, or violence against women and young girls in other parts of Canada. This is a very direct thing that we can do to help women on reserve.
I hear words like “we need to consult” and “culturally appropriate” and “treaty rights”. All of those things are extremely important, but imagine a young aboriginal woman having someone look her in the eye and say, “You don't have the same rights as every other Canadian because of who you are, because of your ethnicity, because you were born a status Indian and in Canada we are not going to protect that”.
That is what the opposition is saying. I ask them to reconsider and to pass this. We are going to do everything we can to pass the bill. I think we have the votes to do it, but more importantly, what a wonderful strong message it would send to aboriginal women if the opposition stood together with us and as one Parliament of Canada we support it and say, “Aboriginal women, we are here for you. We will not turn our backs on you, no matter what opposition we have”. I ask the opposition to do that.
