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Crucial Fact

  • His favourite word was tax.

Last in Parliament March 2011, as Liberal MP for Mississauga South (Ontario)

Lost his last election, in 2011, with 37% of the vote.

Statements in the House

Family Homes on Reserves and Matrimonial Interests or Rights Act May 15th, 2009

Mr. Speaker, today we are debating Bill C-8, An Act respecting family homes situated on First Nation reserves and matrimonial interests or rights in or to structures and lands situated on those reserves.

The summary of the bill reads:

This enactment provides for the adoption of First Nation laws and the establishment of provisional rules and procedures that apply during a conjugal relationship, when that relationship breaks down or on the death of a spouse or common-law partner, respecting the use, occupation and possession of family homes on First Nation reserves and the division of the value of any interests or rights held by spouses or common-law partners in or to structures and lands on those reserves.

Members are probably aware that I do not have any reserves in my riding so I will take a moment to explain why I am speaking to this and how I came to take an interest in the bill. It really started in the last Parliament with a former colleague, Tina Keeper, who is from the north and who had done a lot of work on this issue. There was a bill, Bill C-47, before the House that she expressed a lot of concern about. I met with her not too long ago and she was very adamant that she wanted to continue to be involved and that she would help in any way she could to ensure that any legislation that comes forward on matrimonial real property will be appropriate legislation that is fairly reflective of the aboriginal rights to self-determination and self-government.

About four weeks ago, when we had the last parliamentary break, the Ontario caucus of my party extended an invitation to groups to speak to us about the issues that were important to them. It was an outreach event. One of the groups that came before us was led by Mr. Richard C. Powless who is a consultant for first nations. Mr. Powless and his colleagues from the Six Nations came to talk about Bill C-8. After they were finished their brief presentation, there was some silence. I was not sure why because, to me, their presentation was very serious. The presentation basically said that there was no support whatsoever for this bill in the first nations across Canada but it is going forward, which is a travesty. Some of their reasons were laid out.

I decided to speak up and ask a couple of questions. The next thing I knew, Mr. Powless had agreed to send me many more details about the bill than he could possibly talk about in the brief time that he had to deal with us. He did send the material and it was terrific. It went virtually clause-by-clause down the bill and laid out some of the problems. I could, with the unanimous consent of the House, spend about two hours going through each of those but I do not think it is necessary. I will circulate it to members. It is important if they have not seen it already.

Subsequent to that, Mr. Powless, as we were corresponding, asked me whether or not he could meet with additional representatives and we did that a week or so ago. At this meeting, in addition to Mr. Powless, were: Lawané:Wan Clinton M. Cornelius, Oneida Nation of the Thames Council; Julie Phillips-Jacobs, Mohawk Council of Akwesasne; Mr. Carl Hill, Six Nations Council; and Ava Hill, Six Nations Council.

We spent some time reviewing the representations that Mr. Powless had made to our caucus and I was presented with some additional materials that laid out the concerns that they had with the bill.

Then we talked about strategy. It was pretty clear that Bill C-8 was identical to Bill C-47 in the last Parliament. There really has not been any evolution with regard to the policy or the proposed legislation.

Because Bill C-8 had been delayed down the order paper and did not come forward as expeditiously as it should, that was an indication the government did not really have its heart behind it, that it knew there were problems and it did not want to have to face this.

Strategically, some things could be done. The AFN and the National Women's Aboriginal Council, representing all aboriginals across the country, could write the minister to let him know there was no support among aboriginal communities for this bill, for substantive reasons. They could ask the government to withdraw the bill and have the appropriate consultations and discussions on all the points identified as being flawed, flawed to the point that the bill could not even be repaired at committee. That was their view.

Yesterday, the member for Toronto Centre gave an eloquent speech about how important it was for legislation not fly in the face of the stakeholders affected by it. The stakeholders have to be consulted. They have to understand why it is necessary. The Government of Canada was basically imposing legislation on stakeholders, in this case the first nations of Canada, which would have an enormous impact on them and also seriously contradict a lot of the things it had earlier. There were big problems with the bill. This was two irreconcilable forces. It was not going to happen. The whole idea is we cannot force the bill through. It will not work because it is not reparable.

Some members have suggested we could send it to committee and fix it there. We have to listen to what the AFN had to say. We do not have to go to committee, have witnesses and try to identify what the problems are. It has already provided a paper, which I will give it to any member who wants it. Page by page, issue by issue, it is an extraordinary work. We cannot ignore that work. That should have been known and reviewed by the government prior to Bill C-8 being called at second reading. If the government would recognize that it is a fundamentally flawed bill and that it does not have a hope of passing, it would be in the best interests of the AFN, of Canada's aboriginal communities, to withdraw the bill, or defeat it, or hoist the bill, do anything to stop this flawed processed because it will not work. That is what should happen, but it has not. The government is insistent.

Let me quote from the minister's speech from Monday. Members will recall that we had a concurrence motion after question period, which took up most of the afternoon, so we did not get around to this until about 6:15 p.m., 15 minutes before the House was to adjourn for the day. The minister got up to speak to Bill C-8. I was astounded at what he said. The minister described a process in a bill, which is not the process I know. One of his statements was:

—the bill was developed after exhaustive study, authoritative research and comprehensive consultation with first nations groups.

Bill C-8 was not developed after exhaustive study because it bill is the same bill that we had in the last Parliament, Bill C-47. There may have been consultations on Bill C-47, but not on this bill.

As for authoritative research, there was no additional research. There was no additional work done on this. As for comprehensive consultation, there were consultations. I know the parliamentary secretary has boasted about having hundreds of meetings. There is a difference between having consultations and listening to the consultations.

In fact, members will know that the government's own consultant on the bill had many recommendations and 85% of them were rejected by the government. It has to tell us something. If 85% of the recommendations of its consultant are rejected by the government, if no first nations groups in the country support the bill and if all three opposition parties are telling the government that the bill must be defeated somehow at some stage, why is the government being so closed-minded to the realities?

I want to thank Mr. Richard Powless who raised this issue with the Ontario Liberal caucus in the hopes that we would be able to do something. I am not sure if we will be able to do enough to make the right things happen. We know we need a bill, but we need the right bill that is based on proper consultations and due respect for the laws of Canada. It is very important.

I have the resolution for Bill C-47, signed by Phil Fontaine, National Chief. It is quite long. It states:

The Ministerial Representative on Matrimonial Real Property submitted a report on March 9, 2007 and included important considerations and recommendations regarding consultation and First Nation jurisdiction;

In spite of the views of First Nations and many of the recommendations of its own Ministerial Representative, the Government drafted and introduced Bill C-47 on March 4, 2008;

I referred to this in the House. The consultant of the government made recommendations and they were ignored.

It also goes on to state:

Bill C-47 contains clauses that provide the Federal Government with control over the First Nation law making process through a “verification officer” and is therefore fundamentally inconsistent with the First Nation inherent right to self government.

I cannot think of anything more fundamental in legislation.

Let me refer to a couple of the resolutions:

THEREFORE BE IT RESOLVED that:

Chiefs-in-Assembly reject Bill C-47 and the approach taken by the Federal government as it did not fulfill the duty of the Crown to consult and to accommodate the views and interests of First Nations.

Therefore, it also rejects Bill C-8 because it is the same bill:

It goes on to say that:

Chiefs-in-Assembly demand that the Federal Government withdraw Bill C-47 and provide First Nations with resources to properly develop and implement a meaningful process that respects First Nation jurisdiction and existing First Nation processes addressing MRP.

This resolution, passed by the AFN and signed by Chief Phil Fontaine, was dated July 17, 2008. This is not new to the government.

Notwithstanding the clear statements by the AFN and the Native Women's Council, the government ignored them. In fact, the minister himself gave a 15-minute speech. The clock ran out and the minister did not come back to the House to finish his speech or to allow members to ask questions. That is significant.

I want to close the last part of my speech. Yesterday, the Native Women's Association of Canada, the AFN Women's Council, and the Assembly of First Nations published a joint release dated May 14, yesterday. This is a joint communiqué, and we have to take this into account very seriously.

It reads:

Today the Native Women's Association of Canada (NWAC), the Assembly of First Nations (AFN) and the AFN Women's Council united to express their opposition to the federal Bill C-8, An Act respecting family homes situated on First Nation reserves and matrimonial interests or rights in or to structures and lands situated on those reserves.

It goes on to say:

[We] all agree that Bill C-8 will do nothing to resolve or to solve the problems associated with Matrimonial Real Property (MPR) on-reserve; that the federal government failed in its duty to consult and accommodate the views of First Nations; and, as a result, the Bill is fatally flawed and cannot be fixed. It should not proceed to committee.

This goes on substantively. I would be happy to provide this to any hon. members who would like to have it. I think it is important. It is clear, concise, and correct.

As the hon. member for Toronto Centre said yesterday, how can the federal government bring forward legislation that does not respect the views and the interests of the stakeholders that will be impacted?

We cannot have this butting of heads. It has to be a respectful process. It has to be a process that acknowledges and respects the laws of Canada as they relate to aboriginals. It has to be a process with an understanding that, yes, we need a bill and the sooner we get the bill, the better. However, it has to be a good bill. Time is being wasted.

If we send the bill to committee, all we will do is have weeks of witnesses, weeks of questions on items, when in fact the work has been done already. It shows time and time again that consultations have not taken place. Where there have been recommendations from the government's consultant, the vast majority, over 85%, of them were rejected.

It is an insult to first nations, Canadians and Parliament to suggest somehow that there has been significant consultation. First nations, and in particular the Native Women's Association of Canada, which speaks for women's groups, and the women's council, which also represents women's issues through the full council of the AFN, should be taken into account. The stakeholders, those affected by the legislation, need to believe and feel they have been consulted. They need to believe their concerns and views have been respected.

When there is a rejection of any of those suggestions, the right thing to do is explain it in true, full and plain fashion. That has not happened.

For all of those reasons, my recommendation to the House is to pass the current hoist motion before us, which suggests the bill has to stop now. We need to start the process to get the right bill so we can work here and pass legislation in the best interests of first nations in Canada.

Family Homes on Reserves and Matrimonial Interests or Rights Act May 15th, 2009

Mr. Speaker, yesterday, the member for Toronto Centre addressed Parliament on the bill and the thrust of his presentation was that there were no groups of the National Aboriginal Women's Council or of the AFN, which speaks for all aboriginals, that support the bill. He felt that it was inappropriate to move forward with a bill when there was zero support from the stakeholders who would be impacted by that legislation.

I wonder if the member would agree and perhaps comment on why it is important that we get this right, because the possibility of sending a bill to committee that is irreparable and fundamentally flawed may take an awful long time, which would only delay the ultimate resolution of the problems that we have identified.

Family Homes on Reserves and Matrimonial Interests or Rights Act May 15th, 2009

Mr. Speaker, I was here last night when the member addressed the House on this very important bill. It has some dimensions that deal not only with the substance of the policy matters but also the substance of how we do legislation.

One of the criticisms of this bill is that it appears that some parties in the House think we can just pass this flawed bill at second reading, send it to committee and somehow, miraculously, repair its various problems. I think the member well knows that once we pass a bill at second reading, we have a situation where we have approved the bill in principle. Substantive amendments cannot be made in committee. Therefore, it would seem that the approach to this bill would, in itself, be flawed.

I want to give the member an opportunity to refresh the House on his principle argument in his speech, which was quite focused, and maybe he could comment on a strategy to get a good bill.

Family Homes on Reserves and Matrimonial Interests or Rights Act May 14th, 2009

Madam Speaker, I am absolutely astounded that the government continues to suggest that somehow the bill, which is fundamentally flawed in its principles and in the underpinnings of the legislative items within the bill, should go to committee where some amendments can be made, as the member said.

The process in this place is that once a bill passes second reading, we are giving approval in principle to the principles and the fundamental principles. If members have ever tried to change the intent of legislation at committee, they know they will be out of order. It cannot be done at committee, which is precisely why AFN has called, not only for this bill to be defeated, but to be withdrawn even before second reading. It had the same position on Bill C-47 in the last Parliament. It said that this bill does not work, that it cannot be repaired and that we had to start again with proper consultation.

Some consultations did take place by the government's own consultant but 85% of the recommendations of the government's own consultant were rejected.

The issue here is that there is not one first nations group anywhere that supports this bill. The government must recognize that there is a problem and that it cannot go forward and force this bill upon Parliament or first nations when it is so fundamentally flawed.

I have a question for the parliamentary secretary. What benefit is it to impose a bill on first nations when there is an understanding that there has been no meaningful consultation and nothing has happened since the last Parliament when the AFN passed a resolution to have the bill withdrawn? What benefit is it to have the minister come before the House, give a 15 minute speech and say that there was comprehensive consultations and then leave the Chamber and not come back to face questions in the House?

What kind of consultation is that? What is the perception of the AFN and first nations across the country when the minister himself is not prepared to stand in front of Parliament and answer important questions on a very important bill?

Family Homes on Reserves and Matrimonial Interests or Rights Act May 14th, 2009

Madam Speaker, on May 11, 2009, the Minister of Indian Affairs and Northern Development led off the debate in the House. One of the statements he made early in his speech was that:

...the bill was developed after exhaustive study, authoritative research and comprehensive consultation with first nations groups.

It would appear that 85% of the recommendations from the government's consultant were rejected by the government. The bill now before this Parliament is the same bill that was before the last Parliament, at which time both the AFN and the National Aboriginal Women's Association totally rejected the bill as irreparable, that it should not only be defeated but withdrawn.

I wonder if the member would care to comment.

Family Homes on Reserves and Matrimonial Interests or Rights Act May 14th, 2009

Madam Speaker, the issue that has just been raised is very fundamental. When we pass a bill at second reading, we do get approval in principle, the fundamental principle of the bill, and fundamental principles cannot be changed at committee. I know that the members who are suggesting we send it to committee are thinking that maybe this is a political opportunity to simply bring witnesses, try to embarrass the government, and demonstrate how bad it is. However, we can do that right now in debate.

I believe that we should not give any indication whatsoever that there is any form of support for this fundamentally flawed bill. I wonder if the member would care to comment on that.

Family Homes on Reserves and Matrimonial Interests or Rights Act May 14th, 2009

Madam Speaker, I cannot just sit here and allow that to stand. As was set out by the member for Labrador, there is no first nations group in the country that supports this bill. It is not a matter of whether or not there is unanimous support for the bill. The fact is it is unanimous to oppose, defeat and withdraw this bill.

From where is the member getting his information? Who gave him statements like that to mislead the House about the position of the AFN on a bill that is so bad it cannot even be repaired in the shape it is in? There has been no consultation whatsoever on this bill since it was in the last Parliament when the Assembly of First Nations passed a resolution telling the minister so. Then the minister came in here, made a speech at the end of the day and did not show up to take questions. That is the attitude of the government toward this bill and the Assembly of First Nations. The minister will not even take questions in the House of Commons on a bad bill.

Family Homes on Reserves and Matrimonial Interests or Rights Act May 14th, 2009

Madam Speaker, the member will know that the bill before us is the same bill that was before the House in the last Parliament.

He probably is also aware that the Assembly of First Nations passed a resolution not only saying that the bill was a bad bill and could not be remedied, but also called for the bill to be withdrawn before second reading even started.

I wonder if the member would care to explain what steps the government has taken to consult with first nations and also the aboriginal women's groups to determine what difficulties they have with the bill and why they support the bill being withdrawn or defeated.

Petitions May 13th, 2009

Mr. Speaker, I am pleased to present a petition sent to me by hundreds of people from the Toronto, Ontario area concerning abortion.

The petitioners want to draw to the attention of Parliament that Canada is a country that respects human rights and includes the Canadian Charter of Rights and Freedoms which entails that everyone has the right to life. They also point out that it has been over 40 years, since May 14, 1969, when Parliament changed the law to permit abortion and since January 28, 1988, Canada has no law to protect the lives of the unborn child.

Therefore, the petitioners call upon the Parliament of Canada to pass legislation for the protection of human life from the time of conception until natural death.

Environmental Enforcement Act May 12th, 2009

Mr. Speaker, I cannot let the member get away from us too quickly on this. I have been very impressed with the work she has done as a new member of Parliament on the listeriosis file and, as we know from her comments today, she digs in, does her homework, and comes up with constructive input for the House on important debates. I thank her for that.

I must admit I was very moved by the outlook presented when I viewed Al Gore's movie, An Inconvenient Truth. What struck me by the graphs that were provided was not so much what has been happening and the rate at which it has been happening but the slope of the curve and the spikes that are going to occur in the near term based on where we are right now.

It concerns me from the standpoint that the current government seems to think that all it has to do is protect its base, say that this is just a socialist plot to try to deal with greenhouse gases, and cancel every program that the previous government established. It basically put the brakes on and lost time.

I wonder if the member would care to comment on the kinds of things that we should do and the value that we must place on the survival of the planet. It really is a serious question.