Mr. Speaker, I would like to acknowledge my colleague, the member for Portage—Lisgar, for all the efforts he has taken on this issue and continues to take on the important work for aboriginal families throughout Canada.
I rise today to discuss the bill before the House, Bill C-289, a proposal to address the issue of on reserve matrimonial real property through amendments to the Indian Act. Although I fully support the goals of Bill C-289, I cannot support the bill in its present form.
The issue of on reserve matrimonial real property, frequently referred to by its acronym MRP, is a fundamental injustice that tarnishes Canada's democracy and creates suffering for a number of first nations women, children and families. The government recognizes the pain resulting from this issue and it is determined to resolve it.
To enact Bill C-289, however, would be a mistake. The bill is not the product of a broad collaborative effort required to implement an effective, lasting solution. To develop an effective solution, we must understand and appreciate the complexities of this very serious issue. We must also ensure that we have a solution that reflects the concerns and input of all those who will be affected, in other words, first nations communities across the country.
Matrimonial real property is a legal term for a relatively simple concept. It refers to the fixed assets used for family purposes that are owned by one or both spouses. For most Canadians, matrimonial real property includes a house and the land on which it sits. In the event of divorce, the division of MRP is often contentious but legally straightforward. Provincial and territorial laws are in place to protect the MRP interests of both spouses, as per their jurisdiction under our Constitution. In the event of divorce, for example, one spouse cannot sell the family home without the consent of the other.
Aboriginal people living on reserves, however, face an entirely different legal reality. Federal legislation, the Indian Act, defines the status of reserve lands, and the Indian Act is silent on the issue of matrimonial real property on reserve.
This is not just a bureaucratic interpretation. The Supreme Court of Canada has twice ruled that provincial family law cannot alter any interest in MRP located on reserve lands. These rulings have determined that since reserve lands fall under federal authority, only federal law can enable transfers of on reserve matrimonial real property. Unfortunately, no federal law addresses MRP. This leaves a large loophole in Canada's body of legislation.
The loophole has a direct affect on aboriginal women and children seeking to escape failed marriages and few of them are even aware of the problem until it is too late. In all too many cases, an aboriginal woman has little choice but to leave the family home and ultimately her community.
Judges are usually powerless to intervene because they lack the legal authority to protect or transfer the MRP interests of spouses on reserves. Even in the most extreme cases, such as those involving spousal abuse, physical violence or custody disputes, no court can order a change in possession of an on reserve family home. The courts cannot order the sale of the family home, for instance, or prevent a spouse from selling or mortgaging the family home without the consent of the other spouse, regardless of the severe repercussions these actions might have.
This legal loophole often has devastating consequences such as homelessness, poverty and despair. The effects are serious, with a steadily growing number of aboriginal people marginalized from mainstream society, denied access to the opportunities the rest of us take for granted.
I believe all members appreciate that the current situation is intolerable. I hope they will join me in commending the good intentions behind Bill C-289. I also hope they come to recognize the value of the solution contained in the bill disappears quickly without the necessary consultation and input required for an effective and lasting solution.
Bill C-289 proposes to amend the Indian Act so provincial law applies to MRP cases, although appealing such an amendment would effectively transfer a significant burden upon the provinces. Have the provinces indicated a willingness to accept this burden? Can we expect the provinces to assume the additional legal aid and enforcement costs associated with MRP? Unfortunately, we do not know the answers to these questions because the provinces have failed to be consulted about Bill C-289. This lack of consultation is the substantive flaw in the bill before the House today.
The government is committed to finding a solution to MRP that works for everyone, for provinces and territories, for first nations communities, for aboriginal women and children and for all Canadians. To design and implement an effective solution will necessarily require the input of all parties. I am pleased to report that a collaborative process was introduced by the minister earlier this year.
As we are speaking, these consultations with all stakeholders are taking place across the country. These sessions examine and analyze potential legislative solutions to MRP. The sessions were designed and are led by officials from Indian and Northern Affairs Canada, side by side with representatives of the Assembly of First Nations and the Native Women's Association of Canada. I have every confidence that this cooperative approach will lead to a lasting solution, a solution to a problem that we can all agree has remained unresolved for far too long.
Earlier this year, we were fortunate enough to retain a talented individual, Wendy Grant John, as ministerial representative on these consultations. Ms. Grant John is a former chief, a successful entrepreneur and a skilled negotiator. She has agreed to work with all parties to seek consensus on a solution to the issue of MRP. Should such a consensus not emerge, Ms. Grant John will recommend an appropriate course of action.
This government's actions on MRP are consistent with the strategy it has devised to address the full range of problems that face aboriginal people in our country. The strategy is based on taking immediate action on quality of life issues such as drinking water, supporting women, children and families in education, promoting economic development, job training, skills and entrepreneurship and revamping the legislative framework to address the archaic and tangled legislation and funding agreements that define the vast majority of relations between government and first nations, which clearly are not working. We are also speeding up the process for conducting treaty land entitlements, additions to reserves, comprehensive and specific claims.
The government will work collaboratively with aboriginal groups and the provinces and territories to design and implement better legislative frameworks and to accelerate negotiations and achieve fair settlements. Our commitment is evident in a number of areas where action is already under way, such as MRP and our plan on first nations water. In addition, in our first budget we invested more than $3.7 billion over two years in support of aboriginal peoples and northerners, more than any previous budget.
I am convinced that we are ushering in a new era of prosperity and social justice for aboriginal peoples. We are committed to working closely with aboriginal groups to design and implement appropriate solutions. To succeed we will consult and collaborate and not take unilateral action.
Bill C-289 calls for the government to act on its own without the consent of these stakeholders. I encourage my colleagues to support the government's collaborative approach to MRP and join with me in voting against this bill.
