Wai Young

[Family Homes on Reserves and Matrimonial Interests or Rights Act, June 11th, 2013]

Mr. Speaker, I am indeed shocked that someone of the member's stature, being a lawyer herself, does not recognize the fact that we need to start somewhere. By starting somewhere, we need to have the legislative framework to do so.

My short answer is, without the bill, women and children have no rights on their reserve. There is nowhere to start in terms of any of these programs and services.

The hon. member knows that consultation has occurred extensively across this country.

[Family Homes on Reserves and Matrimonial Interests or Rights Act, June 11th, 2013]

Mr. Speaker, that would be like saying that human beings cannot fly in an airplane. Just because things are sometimes difficult, it does not mean they are not the right thing to do, nor are they insurmountable.

We have built into Bill S-2 all kinds of abilities with respect to technology, as well as funding a centre, which would help first nations across Canada devise their own laws and devise how they would implement this within their own communities across Canada. With this new convention centre as well as the ability to phone, email or talk to a peace officer, certainly the access points for an order would be there, through Bill S-2.

In addition, I do not believe that this Parliament, in righting a wrong, should hang on the fact that it is difficult. The government and this country have overcome many other difficulties and we are confident that this is a good bill, a necessary bill and an urgent bill.

Again, I would urge the member opposite to vote with us on protecting women and children on reserve.

[Family Homes on Reserves and Matrimonial Interests or Rights Act, June 11th, 2013]

Mr. Speaker, I worked in the downtown east side of Vancouver some 20-odd years ago. It was heartbreaking to see women arrive with garbage bags of clothing, their children in tow, not having had a meal and with nowhere to go. That is because for 25 years there has been a gap in legislation, as has been pointed out by the Human Rights Commission. For 25 years this bill did not exist, which has impacted hundreds, thousands, of women across this country. Previous speakers have spoken about the statistics and the horrifying impact this has had on women and their children across Canada.

I would like to quote from Jennifer Courchene, who is also a member of the first nations in Manitoba. She came to the standing committee as well and told her heartbreaking story. She said that she and her children became homeless after her abusive partner forced them out of their home.

She stated:

I'm sure I'm not the only one who has gone through this in a first nation community. There are probably many, many other women who have gone through what I've gone through, and the story is pretty much the same: the woman loses the home. I'm not sure how other first nations communities are run, but if there had been something to help us, we would have taken it, rather than be homeless, that's for sure.

The acting chief commissioner of the Canadian Human Rights Commission came to committee as well. He said the situation was urgent. I asked him what exactly he meant by “urgent”.

It has been 25 years. The opposition has been vehemently opposing this legislation to grant these rights and protection for these women and children for more than 25 years. I ask the opposition members how much longer they will oppose this for these hundreds and thousands of women who have been in the streets. I not only ask but beg them to vote with us on this legislation.

[Family Homes on Reserves and Matrimonial Interests or Rights Act, June 11th, 2013]

Mr. Speaker, one of the witnesses, Rolanda Manitowabi, said at committee that if this bill were in place, there would have been an option. In a situation where there is domestic violence or abusive behaviour, there are no choices. When she was thrown out of her home, she had no place to go; that was her home. To this day, she continues to pay for that home. If this bill had been in place, it would have given her an option for some place to go with her children.

This victim came to our standing committee and told us a horrible story of how, for years, not only was she thrown out of her home with her children but she was also thrown out of her community. Due to family violence and the breakdown of her marital situation, she and her children had no place to go. Bill S-2 would address this.

As the member opposite knows, this bill has been debated a fair amount. There were 172 consultations across this country. This government spent some $4 million on consultations with groups. The Manitoba Legislative Assembly sent us a resolution, and it completely supports the bill. This has certainly been discussed, and consultations have occurred; we have heard of real-life situations in which this bill could help these women.

[Family Homes on Reserves and Matrimonial Interests or Rights Act, June 11th, 2013]

Mr. Speaker, as a member of the Standing Committee on the Status of Women, I am pleased to speak today in support of Bill S-2, family homes on reserves and matrimonial interests or rights act.

Currently men, women and children living on the majority of on-reserve communities have no legal rights or protections in relation to the family home. In situations of family violence, for decades women have been victimized and kicked out of their homes with nowhere to go.

Statistics show that aboriginal women are almost three times more likely than other Canadian women to experience violent crime, including spousal violence. According to the 2009 general social survey, approximately 15% of aboriginal women in a marriage or with a common-law partner reported that they had experienced spousal violence in the previous five years. Of those who had been victimized, 58% reported that they had sustained an injury, compared to 41% of non-aboriginal women. Further, 48% reported that they had been sexually assaulted, beaten, choked or threatened with a knife or a gun, and 52% reported that they feared for their lives.

This is why Bill S-2 is so important. It will help to mitigate occasions of domestic violence on reserve by providing for emergency protection orders and exclusive occupation orders.

Currently, individuals living on reserve cannot go to court to seek exclusive occupation of the family home or apply for emergency protection orders while living in a family home on reserve in the event of a relationship breakdown or the death of a spouse or common-law partner.

Bill S-2 extends this basic protection to individuals living on reserve. In situations of family violence, a spouse can now apply for an emergency order to stay in the family home, at the exclusion of the other spouse, for a period of up to 90 days with the possibility for extension. These orders may be granted upon a hearing or an application to vary the original order at the judge's discretion.

An emergency protection order is quick, follows a simple process and is recognized by child and family justice advocates as being one of the most significant means of preventing family violence. Violations of these orders can result in fines or jail time. We know that emergency protection orders are invaluable tools in efforts to end family abuse and violence. Each year, hundreds of Canadians, most of them women who are victims of spousal abuse, petition courts to acquire these orders and access the legal protection that they can afford.

Police who are authorized by the courts to enforce the orders typically represent an effective line of defence for victims of family violence. As it stands today, residents of most first nation communities cannot access these tools. I say “most”, because a handful of first nations have established and enforce laws in this area through authorities acquired in self-government agreements or through the First Nations Land Management Act. Nevertheless, the vast majority of on-reserve couples cannot access these orders because no court has the legal authority to issue them.

Bill S-2 would change this. For every other region in Canada, other than on reserve, family law is the domain of the provinces and territories. Legislation exists in most provinces and territories that deal specifically with violence and intimate relationships. Although the names of these laws, along with the specific legal instruments that they include vary from one jurisdiction to another, they all provide powerful forms of protection to victims of spousal abuse and violence.

In general, the laws authorize two types of protection orders: short-term and long-term. These orders, sometimes known as an intervention, prevention or victim assistance orders, can be obtained 24 hours a day, by telephone or appointment, from a trained justice of the peace. In many cases a police officer or a victim services worker can apply for the orders on behalf of the victim.

To me, the absence of legal protection on reserve is simply unacceptable. We have tolerated a legally sanctioned form of discrimination in Canada, for women and children and other victims, for far too long. It is one that has claimed and continues to claim victims. Bill S-2 will change this.

In order to understand the value of these orders, it is crucial to appreciate the larger context. An act of domestic abuse, such as a husband beating his wife, may be an isolated incident, but it is also part of a relationship's larger dynamic.

Domestic abuse is often a gradual and incremental process, and the frequency and seriousness of the violence tends to escalate slowly over the years, even decades. In many cases, abusers express deep remorse and promise to change, and then go on to break these promises.

For the victims of violence, it can take years to recognize that the violence will never stop and that the relationship is poisonous, dangerous and unsalvageable. Until victims come to this conclusion, though, they often cannot conceive of acting decisively by leaving the family home or by securing a court order to banish the abusive spouse.

The victims' long-term experience leads to the erosion of self-confidence, making it even more difficult to believe that they deserve better treatment, that they can find the courage to leave and that they can manage on their own.

Exclusive occupation and emergency protection orders provide the separation victims often need to heal and to make a new start. It is regrettable that the need for these orders remains so strong in 2013. Part of the reason for this sad reality lies in the history of how our society and legal system address relationships between spouses. As my hon. colleagues recognize, the law has not always protected the rights of women as it does today.

Of course, we all recognize that our laws have evolved dramatically over the years to reflect the needs and aspirations of Canadians, but the legacy of the past shapes our current circumstance. There was a time when Canadian women had few options in life. Living as independent citizens was virtually impossible, employment options were extremely limited and few of the jobs that were open to women paid a living wage. The vast majority of women married, and most went on to have children and to enjoy happy, fulfilled lives.

Women were assigned a specific role in society, were expected to fulfill this particular role and were respected for it. The laws at the time reflected this social norm. As norms have changed in recent generations, we have done much to eliminate outdated laws and attitudes. Bill S-2 would take us one large step further along this road.

Part of the legislation now before us addresses the link between spousal violence and matrimonial rights and interests. Over time, the laws governing matrimonial rights and interests have evolved to reflect new social norms. Yet, this type of evolution typically occurs in fits and starts, and the law usually lags behind progress in societal attitudes. This is because the impetus to amend the law often comes only from incidents and trends that the public considers repugnant; such as husbands being able to beat their wives with impunity.

Today, of course, Canadian attitudes about violence against women have changed dramatically. Violence against women is no longer socially acceptable, and the law reflects these attitudes to a large extent. This is why family law includes instruments such as emergency protection and exclusive occupation orders. These orders are designed specifically to address spousal violence and to complement the protections provided by the Criminal Code.

However, the authority for these orders exists only under provincial or territorial law. The Supreme Court ruled that these laws do not apply on first nation reserves. Bill S-2 proposes to fill this unacceptable gap and to help prevent the harsh reality experienced by so many victims.

Under Bill S-2, a spouse or a common-law partner residing on reserve could apply to a judge or justice of the peace for an emergency protection order. The order, enforceable by police, would exclude the spouse or common-law partner from the family home for a period of up to 90 days. The order may be extended once, for a period of time determined by a judge. Orders issued by a justice of the peace or a provincial court judge must be reviewed by the superior court as soon as possible.

The federal regime would authorize applications submitted by telephone or email to ensure that people living in remote communities could access the orders. The regime would also authorize a police officer or another appropriate person to apply on behalf of a spouse or a common-law partner. This provision would enable people who face dangerously unpredictable spouses or common-law partners to secure orders without exposing themselves to undue risk.

The regime would also enable people to apply for exclusive occupation orders, which could provide longer-term protection.

Exclusive occupation and emergency protection orders are only one part of the protection that Bill S-2 would provide. It would provide stability for women and their children, through continued access to the family home; continued connection to the community and extended family; access to services, children's programs and education facilities within the community; and the equitable distribution of marital real property assets. In addition, it would improve the ability of first nations to meet the specific needs within their communities.

A little more than 30 years ago, the members of this House laughed when one of their hon. colleagues raised the issue of violence against women and suggested that new laws were needed. The laughter caused a public outcry and inspired a host of changes, including legislation. Today, violence against women is widely recognized as a scourge.

Statistics Canada research indicates that aboriginal women are more likely than non-aboriginal women to suffer severe injuries, such as broken bones, inflicted by a violent spouse. Today, we have an opportunity to help eliminate a factor that contributes to this violence.

Canada has made substantial progress in the issue of violence against women, but much more remains to be done. While the factors that contribute to the issue are manifold and complex, there can be no doubt that emergency protection and exclusive occupation orders are effective, both as deterrents and as defensive mechanisms.

Today, we are seeking to eliminate a human rights issue. Through Bill S-2, we would finally be extending the same basic rights and protections to aboriginal women as all other Canadians currently enjoy.

I urge the opposition to stop denying aboriginal women equal rights and to vote in favour of this legislation.

[TRIUMF, June 10th, 2013]

Mr. Speaker, I rise today to share a major medical breakthrough. TRIUMF, Canada's national laboratory for particle and nuclear physics, successfully met and exceeded the challenge to deliver a new way to create medical isotopes without using nuclear uranium. This discovery completely changes the production and availability of medical isotopes in Canada and around the world. In 2010, our government invested $35 million to facilitate this research, with an additional $25 million in 2012. This investment helped TRIUMF achieve this success three years earlier than its 2016 target date.

This is just one example of our government's real support for science, technology and research. We have increased funding by $8 billion, more than any other government in the history of Canada. Our government's focus and hard work on our economy and jobs makes this a Canadian success story. This one company has grown from 15 to 76 high-paying, high-quality jobs, making this story an important part of the one million net new jobs we have created since 2009.

[Petitions, June 5th, 2013]

Mr. Speaker, I have a petition to table from British Columbians throughout metro Vancouver. The petitioners call on Parliament to acknowledge that current impaired driving laws are too lenient and they request tougher laws, including mandatory minimum sentences for those persons convicted of impaired driving causing death.

[International Trade, May 30th, 2013]

Mr. Speaker, I am pleased to rise on behalf of my constituents in Vancouver South who are proud to live in Canada's most Asian city. As such, Vancouver and B.C. are the gateway to the Asia–Pacific, where China is Canada's second-largest trading partner and where our Minister of International Trade has been working hard to expand trade with these growing economies.

Having been elected by my colleagues, I am honoured to represent Canada as the co-chair of the Canada–China Legislative Association. Recently, I met with my Chinese counterpart, Mr. Chi Wanchun, and travelled to a number of cities in China to identify opportunities and explore areas where both our countries can grow and prosper. It is a pleasure to witness the successes of Canadian companies working hard abroad, such as Vancouver-based Teekay Shipping, one of the world's largest marine energy transportation, storage and production companies.

Our government continues to build strong networks and economic ties in the Pacific sentry to benefit my constituents of Vancouver South as well as people across Canada.

[Leader of the Liberal Party of Canada, May 8th, 2013]

Mr. Speaker, our government has introduced Bill S-2 to protect first nations women and children, but yesterday, the Liberals attempted to remove this important legislation from the Status of Women committee.

Perhaps the Liberal leader does not want women MPs from this committee to have their say on this bill. We know that he shamefully whipped the members of his caucus to vote against these protections for first nations women and children.

Unlike the Liberal leader, we believe that first nations women and children deserve the same protections as all other Canadians. Unlike the Liberal leader, we are not afraid to say that violence against women and children is exactly what it is: barbaric.

Unlike the Liberal leader, we are not in over our heads. The duly elected female members of the Status of Women committee are more than capable of handling this bill, and our Conservative government is proud to stand up for the protection of first nations women, children and all Canadians.

[Business of Supply, April 18th, 2013]

Mr. Speaker, no government in Canada's history has been more committed to creating jobs and prosperity. We lead the G7 countries in creating more than 900,000 jobs in Canada during a fragile economic time. That is because we have taken a strong stand and a proactive stand on negotiating trade agreements with nine different countries.

Deepening Canada's trade relationships in dynamic and high-growth markets, such as the Asia-Pacific, is also critical to the future of Canada. I think the members opposite know that. I would like to strongly encourage them to support this trade agreement and to vote for the Canadian economy and for Canadian jobs, not against them.