Madam Speaker, I am pleased to speak in the House about the motion by the hon. member for Nanaimo—Cowichan.
I quite enjoy working with the hon. member on the Standing Committee on Aboriginal Affairs and Northern Development. When she decided to move this motion, she was well aware, as were we, that the bill does not go as far as aboriginal women want.
If I may, I would like to give a bit of background. British Columbia's Court of Appeal handed down a judgment last year. This ruling gave the Government of Canada one year to remove the discriminatory provision that kept Sharon McIvor from registering her grandsons as Indians. For the benefit of those listening, there is no law in Canada that is more discriminatory than the Indian Act. This law upholds a completely unacceptable form of discrimination against aboriginal women.
To make things perfectly clear, when someone is born, they are registered in a church or with the civil registrar, and this person obtains rights at birth. It is quite amazing that under the Indian Act, an Indian can lose his or her rights at birth. Allow me to explain. If an aboriginal woman marries a white man, this woman's children lose their rights at birth. But when an aboriginal man, an Indian, marries a white woman, his children have the rights set out in the Indian Act. That summarizes a very complex debate. This discrimination has existed since 1876.
In 1951, the Indian Act set out some parameters and two subsections were included, notably subsections 6(1) and 6(2). Under these two subsections, an Indian can be registered or given status at birth. That makes no sense. The current law treats women so unequally that I am surprised we are still debating it in Canada in 2010.
That is exactly what happened in the present case. It took a certain woman to wake up one day and say “enough is enough”, and decide to go to court to assert her rights. That woman was Sharon McIvor and that is what she did in 1985, because in 1981 the Liberal government of the day had introduced the famous Bill C-31, which was passed and which perpetuated the discrimination. Although it eliminated part of it, it maintained other aspects of the discrimination.
It is quite remarkable, because under the Indian Act, each Indian child that is born must be registered as an Indian in order to have the right to live or continue to live as an Indian.
What is quite remarkable is that the government has given itself the right to decide whether to register an Indian boy or girl. In the matter before us, Indian girls have far fewer rights than Indian boys when they are born. That is precisely how things work right now and how they will remain if Bill C-3, which was examined in committee, passes in its current form.
Under subsection 7(1) of the Indian Act, it is up to the government to decide whether an individual, male or female, is an Indian and whether that person is entitled to that status, as set out in subsections 6(1) and 6(2). Those two subsections in the Indian Act are discriminatory and this discrimination has been perpetuated for 25 years.
Thanks to the court challenges program, Ms. McIvor received the financial support she needed to take her case to court and stand up for herself. She won recognition that she had the right to register her grandchildren, both her grandson and granddaughter. What is quite remarkable is that if not for the court challenges program—Ms. McIvor was one of the last people to use it—we probably never would have been debating this issue, for it is very complicated.
Lawyers for Ms. McIvor told the committee that they had studied the matter for 12 to 24 months in order to mount a defence before the courts. This case has been in the courts since 1985 and has moved through all levels, from the British Columbia Supreme Court to the British Columbia Court of Appeal, which handed down a decision last year.
When a court rules on an issue, it rules only on that issue. It cannot address anything other than the issue brought before it, at the risk of having its decision overturned by the provincial court of appeal or supreme court because it went too far.
The court was asked whether Ms. McIvor could pass on Indian status to her grandchildren. The answer is very limited. You have to read the decision and I do not believe that my Conservative friends have done so. The government did not read the decision before introducing Bill C-3. Had they read it carefully, they would have realized that the judge said, in short, that he did not believe that the discrimination complained of by Ms. McIvor would be perpetuated for other aboriginal women, but that he was not called on to settle the matter, which is a political one.
As far as I know, in this place, we are in the business of politics. The matter has arrived in the House. How did it get here? The government did not have a choice. It promised to introduce a bill to amend the Indian Act to eliminate the type of discrimination that Ms. McIvor suffered. The government says that it is required only to introduce a bill to that end. By introducing a bill that deals solely with that issue, the government has taken a very narrow view.
Since the committee is examining the bill, it has asked witnesses to testify. Every single one of the witnesses told us the same thing: if we are going to do it, we must do it right. This means that if we are trying to deal with and resolve the issue of discrimination, we must solve this problem once and for all.
This issue affects aboriginal women across Canada. If this bill is passed as is, these women will continue to be the victims of discrimination and will have to go before the courts. They will also not have access to the court challenges program, so that they can be on equal footing with the government. The government is both judge and judged here. It does not want to solve this problem, and that is clear.
Why not? Because there would be too many status Indians. Bluntly put, the sole purpose of the Indian Act was to assimilate all aboriginals. Is that clear enough? That is what it was for. All you have to do is deprive women of their rights. As far as I know, unless something has changed recently, it is still women who give birth to children, and it is through women that values and Indian status are transmitted. Therefore, it is through women that the right to Indian status can be taken away, and that the problem can slowly be solved. Solving the problem means assimilating aboriginals. That is what the Indian Act was for, and it still is today.
It is 2010 and the situation has not changed. Bill C-3 does not solve the problem. That is what the Native Women's Association of Canada and Femmes Autochtones du Québec told us. The Canadian Bar Association and lawyers' associations from across Canada came to talk to us, and so did aboriginal chiefs. Last week, we heard from Saskatchewan, Ontario, Quebec, the Maritimes, Alberta and British Columbia. Everyone had the same thing to say, and that is that Bill C-3 would not solve the problem.
Our position is that if we are going to solve the problem, we should solve it for good. We need to eliminate the discrimination that exists, and to do that, we have to go further than the bill requires. That is exactly what the Court of Appeal for British Columbia told us. It said we should do our jobs as politicians and eliminate the discrimination while we were at it. The bill has to go further and eliminate once and for all the discrimination aboriginal women face.
But the government says that there will be far too many Indians, that the Indian population is expected to increase by 40,000 to 45,000 with Bill C-3, that this makes no sense, that there are already far too many Indians, that it will cost far too much and that assimilation is the answer. That is what we must speak out against in the House.
In a roundabout way, the government is trying to avoid facing up to its responsibilities, which would mean recognizing aboriginal peoples. The government must recognize that aboriginal nations have the right to exist, and it must give them the means to continue to exist. That is what scares it the most. I have a binder here, but we have notes and documents. We have everything we need to solve the problem once and for all.
Even departmental officials who appeared before us are saying that Bill C-3 will not solve the problem. It is true that this will cost more. We have to be honest. It is quite clear that if we allow the amendments to be made to this bill, more Indians will be registered in Canada.
What is wrong with that? It is high time we recognized that these aboriginals have the right to live. Our country does not like discrimination, or so it seems. Our country is democratic. Canada boasts about being a country where discrimination does not exist. Canada is one of the few countries that keeps its aboriginals, its first nations in an unprecedented state of dependence and discrimination. That is the problem and it will only perpetuate if we do not do our job.
Now we are being criticized for doing our job too well. It would be easy to pass Bill C-3 as is and resolve a small problem, but this small problem will persist. We are resolving the problem in British Columbia with Bill C-3, but that is all we are doing. Some 14 similar cases are pending in Quebec, Ontario, Alberta and Saskatchewan. The problem will certainly resurface if we do not deal with it once and for all.
All the witnesses, including the Waban-Aki and Odanak people, have said the same thing. Aboriginal women have told us that they have been receiving all sorts of requests and that they were going to set out on a mission and continue to fight.
I hope that first nations people have the right to live in this country without fear of assimilation. What is going to happen? It is very clear that the purpose of this bill is to keep discrimination in place and work toward one single goal: the assimilation of first peoples. That is unacceptable.
We figured that as long as we were doing the work, we should do it properly, so that is exactly what we did. This afternoon, we will present amendments to bring the bill into line with what the first nations people who came before us want. Every single witness we heard from expected us to do our job.
Bill C-3 talks about an exploratory process. I have never seen a bigger pack of lies. The government says that it launched an exploratory process, but what is there to explore? We already know what the problem is.
Once we pass Bill C-3, we will still have to review the whole band council process for registering aboriginals who want to be registered by their band council.
I want to make one final point for those listening. Some of us are doing our jobs properly. We are doing what all of the people who spoke to the committee want us to do. The government needs to understand that it must comply. It does not have a choice. If it does not do what this country's first peoples want it to do, the battle will go on. While people are fighting just to be recognized as aboriginals, they will not be addressing drug and housing problems, not to mention all of the other issues that first peoples are struggling with.
That is why we have to take this as far as first nations have asked us to and eliminate the discrimination in the Indian Act once and for all.
