Mr. Speaker, it is a pleasure to speak today in support of Bill S-2.
Everywhere in Canada, there is legal protection when a marriage or common-law relationship breaks down or a spouse or common-law partner dies, except on reserve. Provincial legislation ensures that matrimonial real property assets are distributed equitably and that children and spouses have access to the protection they need when they need it, but there are no similar family laws to speak of in first nation communities.
Aboriginal women have been waiting for this legislation for a very long time. As a woman myself, from a Metis background, I find the fact that this situation still exists in Canada in 2013 absolutely appalling. Aboriginal women deserve to have the same rights as non-aboriginal women in Canada, and this bill would finally eliminate the current legislative gap and allow for matrimonial real interest laws to be applied on reserve.
More than 25 years ago, the Supreme Court ruled that provincial matrimonial real property laws do not apply to on-reserve communities because reserve lands fall under federal jurisdiction. Since the Indian Act is silent on this issue, the result is that a gap exists in the law respecting matrimonial rights and interests for residents on reserves. This gap is harmful for many reasons.
Most damaging is the lack of protection in the event of a family breakdown or the death of a spouse. For instance, I know first-hand of cases of wives and children left homeless and destitute after abusive husbands kicked them out of the family home. Many of them went on to be exploited sexually on the streets of Winnipeg, where I was a police officer for almost 19 years. They were desperate to find help, and this is the help they have been seeking for 25 years.
However, because of the Supreme Court ruling, the legal recourse in the courts available to every other Canadian is not available to those living on reserve. No judge, for example, has the authority to issue an order for emergency protection or temporary exclusive occupation of the family home if it is situated on reserve. That is why our government is acting.
I want to point out that matrimonial real property regimes do exist in a small number of first nation communities that are governed by the First Nations Land Management Act or by a negotiated comprehensive self-government agreement, and I want to commend those communities. However, Bill S-2 would extend matrimonial property rights to all first nations in Canada by creating a legislative alternative under which they could develop their own matrimonial real property laws, and courts would be able to apply these first nation regimes.
The legislation now before us is based on the premise that first nations are best placed to develop their own MRP laws. Those laws could reflect first nation culture and traditions, for instance. They might make use of an elders council or propose a remedial mediation process. As members recognize, people are more likely to respect and abide by laws that they have had a role in creating and that reflect their particular culture and traditions.
Indeed, several first nations are already well advanced in developing their own MRP laws, but without appropriate legislation, such as Bill S-2, the courts are not able to apply these laws, and some first nations, of course, may not be in a position to develop MRP regimes immediately or in the short term.
To ensure that this legislation would extend these basic rights and protections to all Canadians, and not just those living in communities where the governments have enacted legislation, Bill S-2 would also include provisional federal rules. This federal MRP regime, once enforced, would apply to first nations who have not developed their own MRP laws under Bill S-2 or other federal legislation.
These provisions would establish a federal regime based on the principle of equal rights for all Canadians, and these rights should not depend on where they live. All Canadians should have similar protections. Bill S-2 would end this unjust discrimination and help to ensure that all Canadians—men, women and children—living on or off reserve, have access to matrimonial rights and protections.
Opponents of the proposed legislation have made a number of points that I would like to briefly address.
Some critics assert that Bill S-2 fails to properly recognize the inherent rights of first nations to govern themselves respecting MRP. Well, I believe this critique to be false, and it completely misses the point of the legislation.
It ignores the need for federal legislation to fill the gaps, so that first nations can establish their own laws to do exactly that. The fact is that interested groups have unanimously agreed that this legislative gap needs to be resolved on an urgent basis. It should not be stalled because of the fact that some wish to have a broader discussion on the concept of inherent rights. For goodness' sake, 25 years is long enough. Let us get on with it.
There is also criticism concerning the adequacy of the consultation process that informs Bill S-2. This criticism is also misguided. After coming to power in 2006, one of our government's first orders of business was to embark on an extensive consultation process in partnership with national aboriginal organizations. In total, more than 100 consultation sessions were held in 76 sites across the country. Hundreds of people, most of them residents of first nations communities, took part in this process, and their feedback directly influenced the content of this legislation now before us.
I am talking only about when we got to power. However, since 2000 there have been special representatives and advisors, there have been special papers written, there have been forums, information sessions, consultations, and the list goes on and on.
Some may claim that there was not enough consultation, but to them I say this issue has been discussed for more than 25 years. Although the NDP is heckling me as I speak about the needs of these women at this present time, I will stand here and I will defend their right to have this law as long as I am alive.
I cannot imagine how much more consultation is needed to do the right thing. It is time to do the right thing. My colleague also stated that this is the fourth time this bill is before Parliament. Since its drafting in 2007, numerous improvements have in fact been made to the bill, many of which respond directly to the concerns voiced by a wide range of stakeholders, which includes first nations peoples. Changes were made to improve the bill before it was introduced again. For instance, there is no verification process in the legislation now before us. Similarly, Bill S-2 features a 12-month transition period and a lower ratification threshold.
I believe these changes further strengthen the bill and better support first nations. The proposed legislation offers a practical and balanced solution to a problem that has harmed women, men, children and families living on reserves for far too long. Each delay of its passage results in the continued denial of protections and rights for individuals living on reserves, particularly for aboriginal women and children.
In conclusion, let me talk about our aboriginal women, something I know just a little bit about. As I think about the aboriginal women, I want to reflect for a moment on what my aboriginal mother taught me. In aboriginal teachings, the moon is known as the grandmother moon. A full moon ceremony is special to us aboriginal women. I remember my mother talked about the moon ceremony. She explained that women's natural rhythms are connected to the changing cycles of the moon.
For this reason, we come together as women when grandmother moon's light is the fullest. In her light, we are able to connect with the brightness of our own inner light, to heal and to celebrate womanhood. The spirit of grandmother moon hears our deepest prayers at that time. The grandmothers teach us that when the moon is full, it is time for women's prayers to be expressed. Prayer is a powerful energy that supports us in manifesting the deep wishes that emerge from within.
Around June 25, many aboriginal women in Canada will be participating in and praying at a moon ceremony. I, too, will pray. I am going to pray that all aboriginal people are protected equally. I will pray especially for our women and children who have suffered far too long without matrimonial property rights, that have left them vulnerable and helpless, and far too often they have been left homeless.
This is long overdue legislation that deserves our full and immediate support. I am very disappointed in other members of this House. This is a no-brainer. This is a bill that all parties should be supporting without reservation, without hesitation, and with pride in what we want to succeed in giving all Canadian women and children and men across this country from coast to coast to coast. I will continue to support it. I will continue to urge members on the other side to do the right thing. I will continue to pray that this bill passes so that we can set this aside. It has been 25 years. Let us get on with it.
