Mr. Speaker, I would first of all like to say that I will be sharing my time with the brilliant, the incomparable and the irreplaceable member for Nickel Belt. He will have half of my speaking time.
Bill S-2 comes from the Senate, hence the “S” before the bill number. This means that the process was started in the Senate. I will not be spending too much time talking about the Senate and whether or not it has a role to play here. I think everybody already knows the NDP's position on this issue.
I think that it is the elected officials in the House of Commons who should put forward bills as often as possible. This bill has already appeared in other forms in previous Parliaments. The Senate took it up again, probably at the request of the government, for reasons that I have not yet figured out. In my view, it is the right of elected officials to introduce bills.
Unfortunately, there is an additional process. We always have to send our bills to the Senate, which spends thousands—if not millions—of dollars to do just about the same job as we do here, that is, to study bills.
Frequently, the other chamber hears the same witnesses and conducts the same studies as we do. I will not elaborate much on this, because I know it is not the point today. However, I would simply like to point out that every time we consider a bill that starts with the letter “S”, it means that it was introduced in the Senate.
As I was saying earlier, this is the fourth version of a piece of legislation that the Conservatives have been trying to get through Parliament since 2008. The NDP has opposed each one of these bills when they have come up for debate. This is nothing new.
The Conservatives are showing their ideological blindness. They seem to hide behind their ideology and they do not seem to understand common sense, the truth or the arguments that we put forward. They seem to be caught in their own ideology and cannot get out of it, unfortunately, even though we try to make them see reason with our speeches.
Today, the point of my speech is to show the government the many flaws in the bill and help the government understand why parliamentarians should not vote in favour of the bill in its current form.
A number of people have already spoken about the bill, primarily in committee or here in the House of Commons. As I said earlier, these are essentially the same people who go to the Senate to present their point of view.
Opinion on the bill is far from unanimous. It seems that the objective of the bill is a good and laudable one. All members in the House are in favour of equal rights for women, whether they live on reserves or elsewhere. No one opposes that laudable objective. However, since the present bill is flawed, it will improve the situation only slightly, if at all. That is why a number of people, a number of experts who live in these aboriginal communities every day, made presentations and came out against the bill.
When the government wants to propose legislation and make decisions, it absolutely has to initiate negotiations or hold consultations. The government did hold a few consultations regarding earlier bills, but unfortunately, no consultations were held regarding Bill S-2, which we are discussing today, although it is very similar to the earlier bills.
In spite of all the consultations, it seems that the testimony of the people who expressed their views has not been taken into consideration. In committee, they said the bill had problems and they therefore could not support it. I will come back to the more specific positions taken by certain witnesses later.
Another somewhat more technical thing caught my attention. In this version, the bill concerning first nations matrimonial real property has a lower ratification threshold. In the previous bills that tried to do the same thing as Bill S-2, a majority of band members had to vote for the law, that is, 50% plus one. In the present version, Bill S-2, the law must be approved by a simple majority of those who voted, with a participation rate of at least 25% of eligible voters. This is a slight change and is relatively difficult to find, but it is rather important. The ratification threshold has been lowered from 50% to 25%. That is really quite surprising. Is it because the Conservatives are afraid of the results? Are they afraid of what the first nations will be deciding in their own democratic bodies? I offer that as a possibility.
There are other reasons why the NDP opposes this bill. In fact, all of the leading first nations organizations, whose members will be affected by this bill, do not support it because they do not think it will succeed in protecting women against violence. It also infringes on the inherent rights of female first nations members. I am not the one saying that; first nations organizations are saying it.
Those organizations oppose this bill for several reasons. We could mention the lack of financial resources to help first nations governments implement the law or the lack of funding for lawyers or to take into account limited access to provincial courts, for geographic reasons. That is an important point, because aboriginal communities are often in remote areas and what the bill is trying to do is not as simple as the government might think. Sometimes, it seems to be a simplistic solution to a much more complex problem, particularly for aboriginal communities in very remote areas.
We could also talk about the lack of housing on the reserves and the lack of the land that would be needed to provide both spouses with separate houses on the reserves. We could talk about the lack of capacity to implement the law, particularly in remote areas, as I was saying. We can also see the lack of provincial courts that are capable of managing the complexity of the reserves’ land codes and the lack of funding to help women who have to buy their shares back from their partners when they are given access to the house. There is also the lack of resources for alternative dispute resolution mechanisms and the lack of extra housing on the reserves.
I have listed several reasons why first nations organizations have criticized Bill S-2. They are also reasons why we, as a party and as the official opposition in the House of Commons, have to oppose this bill.
Once again, the Conservatives are taking a paternalistic, confrontational approach to impose their legislative agenda. That is why the NDP will not support any bill concerning matrimonial real property unless it is accompanied by non-legislative measures to solve these serious problems. What needs to be done includes providing speedy access to remedies; ending violence against aboriginal women by developing a national action plan; managing the housing crisis on reserves and funding shelters for women; providing better access to justice, including increased funding for legal aid; increasing financial resources to help first nations governments enforce the law; and providing better access to alternative dispute resolution methods.
These are all reasons why we cannot support this bill. Legislation alone is not what is needed; measures that go beyond legislation, meaningful measures to help all first nations with their everyday reality, are also called for.
The Native Women’s Association of Canada, the Assembly of First Nations and the national aboriginal women’s summit are all organizations that have very strongly criticized the bill brought in by this Conservative government, which is congratulating itself today on listening to the first nations when we can clearly see that the responses show the opposite to be true.