John Duncan

[Gender Equity in Indian Registration Act, March 26th, 2010]

Mr. Speaker, I do not know about the specifics on what we are now calling Bill C-3 in terms of that comment or question, but there has been a whole host of areas, whether it has to do with drinking water, housing or child and welfare services, where I believe we have had a sense of urgency and we have improved the circumstances very significantly in our time in office.

I would like to think that we will continue in a dramatic way in that same direction.

[Gender Equity in Indian Registration Act, March 26th, 2010]

Mr. Speaker, I would remind members that the engagement process was an ongoing process that continued right through into the new year. Therefore, we have not lost any time over this.

Beyond the engagement process, an exploratory process will carry on subsequent to the passage of the bill at second reading. I do not see us as being tardy in any way.

[Gender Equity in Indian Registration Act, March 26th, 2010]

Mr. Speaker, the Indian Act is very controversial of course and we do have some first nations in Canada who have negotiated their way out of the Indian Act for all provisions of the Indian Act with the singular exception of the registration provision very often because this whole determination of who is and who is not a registered Indian or a status Indian is a very complex and debatable issue.

Even after Bill C-3, we have bands that operate under custom code that will determine who their members are without reference to Bill C-3. We also have bands that have chosen to remain strictly under the Indian Act provisions that will have members added to their roles through the bill.

Therefore, there is no single response or catch-all phrase, but this is a narrow targeted and focused bill.

[Gender Equity in Indian Registration Act, March 26th, 2010]

Mr. Speaker, in terms of the request for an extension from the courts, we did ask for an extension but we have not heard a response.

I did make a commitment in the aboriginal affairs committee that as soon as we received a response I would certainly let the other parties know, although I think it would generally be a matter of public knowledge at that time in any case.

In terms of the timing of getting this bill before Parliament, we are doing quite well. This is our second week here and I have been pressing to get this bill before the House, which I have, and I think we will give it quick passage through second reading and then into committee where we can deal with it.

[Gender Equity in Indian Registration Act, March 26th, 2010]

Yes. “Good luck”, somebody just said.

Subsection 6.(1) provided a way for Indian women who had lost status through marriage to regain it and subsection 6.(2) made it possible for the children of these women to be registered.

Although this approach earned the approval of Parliament, and many other groups, subsequent generations were still subject to residual gender discrimination, and that is what was ruled on by the Court of Appeal for British Columbia.

Now, let me provide members with a little history to the court's decision.

Sharon McIvor is an Indian woman who married a non-Indian man before 1985. They had children together. According to the Indian Act, at that time, Ms. McIvor would have lost her status and her children would not be eligible for registration.

Through the amendments to the Indian Act, in 1985, Ms. McIvor was registered in accordance with subsection 6.(1) and her son was registered under subsection 6.(2). When this son had a child with a non-Indian woman, their children were not eligible for registration. This fact formed the basis for Sharon McIvor's arguments in McIvor v. Canada: that her descendants were not in the same position to transmit registration to their children as they would be if she were male.

To determine if this constituted bona fide discrimination, the Court of Appeal for British Columbia reviewed the Indian Act's provisions for registration following the Bill C-31 amendments to the Indian Act in 1985. The court specifically examined Ms. McIvor's situation in comparison to that of a brother. It found that the consequences of two successive generations of parenting with non-Indians actually significantly differed in the male and female lines.

While the 1985 amendments in Bill C-31 succeeded in eliminating gender discrimination in the first generation, it failed to eliminate it in subsequent generations. This is the core, essentially, of the court's ruling.

It is important to note that Bill C-3 responds directly to the court's decision by amending certain provisions of section 6 of the Indian Act. By any measure, this is a progressive and desirable step because it removes an identified cause of gender discrimination.

As a modern nation, Canada champions justice and equality for all. Canadians recognize that discrimination does weaken the fabric of our society and erodes public faith in our justice system. That is why I am pleased to bring forward this legislation identified in the court's decision.

Members of this House have demonstrated over and over again that willingness to address issues related to individual rights. It is something they wish to do. In 2008 Parliament supported the repeal of section 67 of the Canadian Human Rights Act, for example. Section 67 of this act had created an exception so that complaints for people subject to the provisions of the Indian Act could not seek redress under the Canadian Human Rights Act, which was the only exception for Canadians in the act. To rectify this situation, members of the House supported legislation to repeal this section.

Bill C-3 has much in common with the legislation that repealed this section of the Canadian Human Rights Act. Both strive to protect individual rights and promote equality. Putting an end to discrimination against first nations women is advantageous for all Canadians, which is why I am asking members to support this bill.

When speaking about protecting human rights, I would also like to take this opportunity to remind members of the House that this government has been actively seeking to address a legislative gap that undermines our justice system. I am talking about matrimonial real property legislation. I am talking about eliminating the gap that leaves first nations people, most often women and children, vulnerable and without legal protection.

Addressing issues such as gender discrimination in certain registration provisions in the Indian Act, repealing section 67, and filling a legislative gap respecting matrimonial real property will have positive and lasting impacts. For too long aboriginal people have struggled to participate fully in the prosperity of the nation due to a series of obstacles. By removing these obstacles, Canada enables aboriginal people to contribute socially, economically and culturally to this country. Parliament must play its key role in this process.

We should consider the Specific Claims Tribunal Act. The legislation was a crucial component in a larger action plan to resolve another major obstacle to good relations between first nations and the federal government, and that was a backlog of unresolved specific claims. Thanks in part to the House's endorsement of the Specific Claims Tribunal Act, every claim settled brings a first nation one step closer to realizing its full potential.

To help achieve similar progress, the government has taken action on a number of issues, from human rights to other basics, such as drinking water, education and housing. A multifaceted and collaborative action plan continues to increase the number of first nation communities with access to safe and reliable supplies of drinking water.

A series of tripartite partnerships with individual provinces and first nation groups continues to generate improvements in on-reserve educational outcomes and the quality of child and family services. The government is acting in collaboration with the people directly affected by the issues at play and Bill C-3 is no exception.

Last year, following a thorough review and analysis of the court's decision, department officials had technical briefings with representatives of five national aboriginal organizations to discuss the decision and Canada's proposed response. Following those briefings, 15 engagement sessions were held throughout the country to present Canada's proposed response to the McIvor decision and solicit feedback.

To help focus the sessions, the Government of Canada researched, published and distributed copies of a discussion paper. Hundreds of participants came to the engagement sessions and many written submissions were received.

We had several common themes emerge during the sessions and in the written submissions. Many people were expressing concerns about the broader issues of registration, membership and citizenship.

Based on the views expressed during this engagement process, we announced broader measures that extend beyond the scope of the bill before us and will be discussed in a separate forum. This will be done in partnership with national aboriginal organizations and will involve the participation of first nations and other aboriginal groups, organizations and individuals at all levels.

The findings of the exploratory process will form the federal government's next steps regarding further initiatives on these issues. As important as all of this work might be, it cannot take precedence over the importance of passing Bill C-3.

We must not lose sight of the fact that the legislation now before us responds to a specific court ruling and prescribed deadline. The ruling and deadline inform the design of Bill C-3. The proposed legislation is a precise, compact and focused response.

As Bill C-3 proceeds through the parliamentary process, the plan is to work in partnership with first nations and other aboriginal groups and organizations to identify and discuss the critical issues surrounding registration, membership and citizenship. This process will be separate from Bill C-3 in recognition of the court's deadline and the importance of acting quickly to address the situation of gender discrimination in the Indian Act.

Bill C-3 is progressive, responsive and measured. It is rooted in the principle that all citizens should be equal before the law.

Bill C-3 represents a timely and appropriate response to the Court of Appeal for British Columbia's ruling. It proposes to eliminate a cause of unjust discrimination and ensure that Canada's legal system continues to evolve alongside the needs of aboriginal peoples.

I urge all members of the House to join me in supporting Bill C-3.

[Gender Equity in Indian Registration Act, March 26th, 2010]

Mr. Speaker, I am pleased to have this opportunity to speak to Bill C-3, Gender Equity in Indian Registration Act and explain why I encourage all members of the House to join me in supporting it.

Bill C-3 proposes to accomplish two objectives. First, this legislation would remove a cause of gender discrimination in the Indian Act. Second, it would meet the deadline imposed upon Parliament in a ruling of the Court of Appeal for British Columbia.

My remarks today will describe not only how Bill C-3 achieves these objectives, but also how it would serve the larger national interest.

In last year's decision by the Court of Appeal for B.C. in McIvor v. Canada, the court ruled that the two paragraphs in section 6 of the Indian Act discriminate between men and women with respect to registration as an Indian and therefore violate the equality provision of the Canadian Charter of Rights and Freedoms.

Rather than have the decision take effect right away, the court suspended the effects of the decision until April 6, 2010, and explicitly called on Parliament to enact an effective legislative solution.

What this means is we have until April 6 to implement a solution and if we fail to meet this deadline a key section of the Indian Act, one that spells out rules related to entitlement to registration also known as Indian status, will cease to have legal effect in the province of British Columbia.

This will have some significant consequences. As the members of the House will recognize, Indian status is a legal concept that confers a particular set of rights and entitlements. Should the two paragraphs of section 6 cease to have legal effect, it would lead to uncertainty and confusion about entitlements to registration in British Columbia.

The legislation now before us proposes to avert these consequences by amending certain registration provisions of the Indian Act. The bill addresses the root of the problem by removing the language that the court ruled unconstitutional.

I have no doubt that every member of the House stands opposed to discrimination based on gender. Despite this conviction, I expect that all members appreciate that equality between men and women is difficult to achieve at times.

Bill C-3 would take Canada one significant step closer to this important goal and this is what this debate is all about, the ongoing effort to eliminate gender discrimination.

Parliament, of course, has played an important role in taking corrective actions to address this issue. For example, the House endorsed the Canadian Charter of Rights and Freedoms, which is recognized internationally as a milestone in the fight against discrimination. To understand the origins of the McIvor decision we must go back to the 1980s when the charter was first enacted.

The charter required the Government of Canada to amend or rescind federal legislation that caused, aided or abetted discrimination based on gender. A significant effort was undertaken to amend the Indian Act, which clearly discriminated against women.

Perhaps the most egregious example of this discrimination was the Indian Act's treatment of a status Indian who married someone without status. If the status Indian were a woman, she would immediately lose her status. If the status Indian were a man, he would retain his status and furthermore his wife would become entitled to registration.

So these effects were dramatically different of course on their children. Children of a woman who lost status and her non-Indian husband were not entitled to registration, while children of a status man and his non-Indian wife were entitled to registration.

A provision in the former Indian Act, which was commonly referred to as the “double mother clause”, discriminated against children whose mother and paternal grandmother gained status upon marriage. These children, born after September 4, 1951, would lose their Indian status at age 21.

In an effort to eliminate these types of discrimination, Parliament endorsed a series of amendments to the Indian Act in 1985. These amendments are still known, colloquially, as Bill C-31 changes, and they remain controversial and lie at the heart of the McIvor ruling at the Court of Appeal for British Columbia.

The problem lies with the mechanisms that Bill C-31 used to rectify gender discrimination related to status entitlement and registration. I will do my best to simplify two of the key amendments from 1985.

[Petitions, March 25th, 2010]

Mr. Speaker, I would like to present a petition from approximately 100 constituents. They support Bill C-474, which is about the approval of genetically engineered seeds in Canada, which are not also approved in our export market, so this is a concern. They are also concerned about unexpected and unwanted contamination from genetically engineered crops. They are concerned with government seed regulations, and regulations of novel foods and plants with novel traits, which do not include assessment or consideration of potential impacts or harm from the release of these seeds.

[Firearms Registry, March 22nd, 2010]

Mr. Speaker, I congratulate the government on its decision to extend the amnesty for long gun registration. My riding is home to many people who use the outdoors, including first nation communities and fish and wildlife conservation groups.

One of these groups, Courtenay Fish and Game, has the largest member in Canada. I have met many of these people. These are people who believe in this land. These are people who believe in law and order and doing the right thing. These are people who believe in resource stewardship.

At the same time, most of them believe that the long gun registry targets them unfairly. They are not criminals. Targeting them is not a solution to big city gang violence. Instead, they want the government to continue its focus on effective gun control and criminal use of firearms.

[Petitions, March 12th, 2010]

Mr. Speaker, I have the honour to present two petitions on the same subject. The petitions represent about a hundred of my constituents. They strongly support Bill C-300, An Act respecting Corporate Accountability for the Activities of Mining, Oil or Gas in Developing Countries.

[Aboriginal Affairs, March 5th, 2010]

Mr. Speaker, under the provisions of Standing Order 32(2), I have the honour to table, in both official languages, copies of the Aboriginal Healing Foundation, Annual Report 2009.