Mr. Speaker, it is my pleasure to speak on Bill C-49 today and specifically on Bloc Motions Nos. 2, 3, 4 and 5.
These amendments make provisions within the legislation regarding matrimonial property. This was discussed at committee and the B.C. Native Women's Society requested a number of amendments to ensure that provincial standards are met until the land codes, developed by the individual first nations, are established.
Allowing provincial standards to set the minimum standards for dealing with matrimonial property would be welcome if there were not already provisions within the framework agreement to ensure protection in the event of matrimonial breakdowns.
The legislation as it stands allows the first nations to develop their own requirements and standards with regard to matrimonial breakdowns within broad guidelines. If provincial laws are imposed on the first nations, it impedes the objective of this legislation, namely to allow first nations to have greater control over management of their land.
It is important to note that this legislation deals specifically with resources so when discussing matrimonial property, it only includes the land but has no jurisdiction regarding children or financial assets other than property.
While it is important to ensure that matrimonial property is handled fairly for all parties involved should a marriage break down, the land codes developed with community consultation and approval should be enough to ensure that this occurs. A dispute resolution process is also in place should the need for it arise.
These amendments therefore question the objective of this legislation without being necessary to ensure adequate protection for the participants involved in a matrimonial breakdown.
This bill speaks to much more than just matrimonial division of assets in the event of a possible matrimonial breakdown for first nations that have signed this land code. This land code is a far too important piece of legislation to be lost by some of the amendments that have been introduced to it.
I was at an event in Nova Scotia this morning. It was the unveiling of the newest quarter from the Canadian mint. It is a logging coin. The reason I bring this up is that since 1749 my family has been involved in the logging business and the sawmill industry in Nova Scotia. In the 1940s my grandfather ran the last steam mill that was located in New Ross, Nova Scotia where I grew up. In nearly 250 years never once as a landowner in Nova Scotia did we ask anybody if we could cut timber on our own land. Never once beyond the modern environmental guidelines did we ever ask somebody if we had the right to pursue an industry on our own property.
My sons are sixth generation on the small farm I live on. If we want to cut pulp wood, if we want to cut logs, if we want to build a fence, if we want to put in a pasture, if we want to build a road not once have we asked anybody if we could. That is what this deal is about, the ability of first nations to get out from under the umbrella of the Indian Act and to decide for themselves what they want to do on their own property. It is to make sure that they have the ability to do that. Prior to this piece of legislation they did not.
It is a fact the House has to look at. It is high time that we dealt with the subject. We have ignored it for far too long. It is a good piece of legislation and I support it.