Mr. Speaker, I am pleased to rise today to speak to Bill C-44. I would like to recognize and congratulate the parliamentary secretary, as my former colleague did, on the birth of his beautiful new daughter and to also thank him for the wonderful work he has done on the bill.
I am pleased to speak to the bill this afternoon. It is a subject that has been bantered around and has been studied in the status of women committee, of which I am the vice-chair. Representatives from aboriginal communities, groups and women have appeared before the committee and have said that it is high time this happen. I am very pleased to talk about why we feel this is so necessary. I also ask for support from all members.
The legislation proposes to grant residents of first nations, including aboriginal women, the same remedies and protections available to other Canadians. Nowhere is the requirement for this protection better illustrated than through the issue of matrimonial real property.
On reserve, matrimonial real property, or MRP, provides a compelling glimpse of what life can be like for residents of first nations communities. MRP refers to the assets that a married couple typically share, the family home for instance. In the event of a family breakdown, provincial law prevents the sale of MRP until both spouses agree on how the proceeds will be divided. This effectively prevents one spouse from acting unilaterally. Provincial family law, however, does not apply on reserve. In fact, on reserve no law prevents a spouse from being evicted from his or her family home. I am sad to say that this tragedy is played out dozens of times each year in communities all across Canada.
To further complicate matters, under the Indian Act, only a band council has the right to issue an occupancy permit, a document that stipulates who may live in a house located on a reserve. As my hon. colleagues have pointed out, actions taken pursuant to the Indian Act are exempt from the Canadian Human Rights Act.
As a result of this legal quagmire, hundreds, if not thousands, of aboriginal women find themselves out on the street with nowhere to turn. Their rights may have been violated, their families may be in ruins, but the law can do nothing for them.
In 2005 the Standing Committee on Aboriginal Affairs and Northern Development studied MRP and heard from dozens of witnesses. I will cite a small excerpt from the testimony of Beverley Jacobs, president of the Native Women's Association of Canada. Ms. Jacobs said:
—many first nations women have no recourse at all when their rights are being violated in their communities. They have no recourse to challenge their band councils for discriminating against them and for forcing them out of their own communities. We demand basic human rights for our women and children.
The legislation before us today is all about human rights. A report published last year by the United Nations Committee on Social, Economic and Cultural Rights effectively chastized Canada for failing to adequately protect basic human rights. The committee's concluding remarks include this statement:
—the Committee urges the State party to repeal section 67 of the Canadian Human Rights Act, which prevents First Nations people from filing complaints of discrimination before a human rights commission or tribunal.
Today we have an opportunity to right these wrongs. The legislation is a crucial part of a larger strategy that will see first nations exercise greater control over and assume more responsibility for the well-being of their communities.
I urge my hon. colleagues to vote in favour of this very important bill. I congratulate the minister for putting it before Parliament.