Hansard
Consult the user guide
For assistance, please contact us
Consult the user guide
For assistance, please contact us
Add search criteria
Results: 1 - 15 of 419
View Andrew Scheer Profile
CPC (SK)

Question No. 1326--
Ms. Kirsty Duncan:
With regard to homicides and attempted homicides among Somali-Canadian males in Canada since 2006: (a) what are the dates of each death, listed chronologically, and for each death, what is (i) the location where the death occurred, (ii) the Canadian home location if not the location of the death, (iii) the cause of death, (iv) whether the homicide was solved or not, and if unsolved, for how many years the death has remained unsolved, and how the time period compares with the average time to resolve homicides for the Canadian population as a whole, (v) whether a reward to solve the homicide was offered or not, and if a reward was offered, how much was offered, if the reward was ever claimed, (vi) whether in any given homicide case there is any on-going investigation, (vii) if this information cannot be provided, why not; (b) what are the dates of each attempted homicide, listed chronologically, and for each, what is (i) the location where the attempt occurred, (ii) the Canadian place of origin if not the location of the attempt, (iii) whether the attempted homicide was solved or not, and if unsolved, for how many years the attempt has remained unsolved, and how the time period compares with the average time to resolve homicides for the Canadian population as a whole, (iv) whether a reward was offered or not, and if a reward was offered, how much was offered, and if the reward was ever claimed, (v) whether in any given case there is any on-going investigation, (vi) if this information cannot be provided, why not; (c) for each year, what is the number of Somali-Canadian homicides that occurred by Canadian city, (i) what percentage did Somali-Canadian homicides comprise of the total homicides in the identified city by year, (ii) what percentage of Somali-Canadian homicides by city by year went unsolved compared with that of the general Canadian population, (iii) what percentage does the Somali-Canadian population comprise for each identified city, and how does this percentage compare with the percentage of Somali-Canadian homicides for the city for each year, (iv) if this information cannot be provided, why not; (d) for each year, what is the number of Somali-Canadian attempted homicides that occurred by Canadian city, (i) what percentage did Somali-Canadian attempted homicides comprise of the total attempted homicides in the identified city by year, (ii) what percentage of Somali-Canadian attempted homicides by city went unsolved compared with that of the general Canadian population in the identified city by year, (iii) what percentage does the Somali-Canadian population comprise for each identified city, and how does this percentage compare with the percentage of Somali-Canadian attempted homicides for the city, (iv) if this information cannot be provided, why not; (e) what research and investment has the government undertaken to explore these homicides and attempted homicides, and if any, what are the studies, dates, and monetary investment, and specifically (i) the total actual number of deaths and whether or not the violence is increasing, (ii) from what Canadian cities are the victims, (iii) what are the causes of the violence, and can they be reduced, (iv) what are solutions to stem the violence; (f) what, if any, research or investment has been given to consider whether (i) a federal judicial task force should investigate why so many Somali-Canadians are killed in Canada, many without corresponding charges or arrests, (ii) the Standing Committee on Public Safety and National Security or a special committee should investigate these deaths, and make recommendations to reduce the violence; (g) what research or investment has been given to consider whether a provincial-federal employment and opportunity program supporting Somali-Canadians might help reduce the violence, and if any, what are the studies, dates, and actual investment; (h) what research or investment has been given to support Somali-Canadians in accessing employment opportunities with the RCMP and the Ontario Provincial Police, and if any, what are the studies, dates, and actual investment; (i) what research or investment has been given to strengthening the witness protection program to encourage more witnesses to come forward, and if any, what are the studies, dates, and actual investment; (j) what research or investment has been given to reducing homicides and attempted homicides among the Somali-Canadian population and, if any, what are the studies, dates, and actual investment, and any recommendations to reduce the violence; and (k) what, if any, research or investment has been given to estimating (i) the direct and indirect health care costs of each attempted homicide, (ii) the costs to the mental health care and social care system to support the victim and family, (iii) how these costs compare with any federal inquiry or study by the Standing Committee on Public Safety and National Security or a special committee to study the issue and provide preventive recommendations, and what are studies, dates, and actual investment?
Response
(Return tabled)

Question No. 1327--
Mr. Sean Casey:
With respect to the Community Volunteer Income Tax Program (CVITP) in Charlottetown, Prince Edward Island: (a) what is the level of support the CVITP has received from Canada Revenue Agency (CRA) over the past five years, broken down by fiscal year, including (i) the nature of the support offered each year, (ii) the cost to CRA to provide this support; and (b) does CRA have plans to reduce, eliminate, increase, or restore support to the CVITP in Charlottetown?
Response
(Return tabled)

Question No. 1328--
Mr. Sean Casey:
With respect to correspondence from Parliamentarians addressed to the Minister of National Revenue, for the period September 1, 2010 to the present: (a) what is the amount of correspondence, initiated by Parliamentarians (MPs and Senators), that has gone unanswered (i) after three months, (ii) after six months; (b) what percentage of correspondence not answered after three months was from (i) Conservative MPs and Senators, (ii) Liberal MPs and Senators, (iii) NDP MPs, (iv) other MPs and Senators; (c) what percentage of correspondence not answered after six months was from (i) Conservative MPs and Senators, (ii) Liberal MPs and Senators, (iii) NDP MPs, (iv) other MPs and Senators; and (d) what is the average response time for correspondence received from (i) Conservative MPs or Senators, (ii) Liberal MPs or Senators, (iii) NDP MPs, (iv) other MPs or Senators?
Response
(Return tabled)

Question No. 1329--
Ms. Niki Ashton:
With regard to government funding specifically dedicated to ending violence against women, what was the total amount of funding, broken down by fiscal year, from fiscal year 2006-2007 up to and including fiscal year 2011-2012, broken down by (i) the department or agency responsible for the funding, (ii) the program or initiative from which the funding came, (iii) the project name, (iv) the total value of the project, (v) description of the project, (vi) entity responsible for delivering the project, (vii) length of the project, (viii) geographic target of the project, if applicable, by province and federal riding?
Response
(Return tabled)

Question No. 1330--
Mr. Francis Scarpaleggia:
With regard to the impact of Pierre Elliott Trudeau International Airport on the Bouchard Stream, in the City of Dorval, Quebec, that flows into Lac Saint-Louis: (a) does the government have data, obtained either through reporting to the National Pollutant Release Inventory, or by any other means, on (i) the quantity of the de-icing agent glycol used by the airport on an annual basis, (ii) the quantity of glycol that is recycled on an annual basis, (iii) the quantity that escapes into the surrounding environment near, or at, Bouchard Stream on an annual basis; (b) if the quantities in (a) are known, what are these quantities, by year, for every year since 2000; (c) does any department or agency monitor the quality of the water in the Bouchard Stream to ascertain whether it might contain deleterious substances harmful to fish that could originate from the operations of the airport or from surrounding industries; and (d) does the government work with provincial and municipal authorities in the City of Dorval and the City of Montreal to ensure that the Bouchard Stream and Lac Saint-Louis are not being polluted by deleterious substances harmful to fish?
Response
(Return tabled)

Question No. 1331--
Mr. Francis Scarpaleggia:
With regard to offenders admitted to the Correctional Service of Canada institutions since 2000: (a) by institution, how many offenders have been admitted each year; (b) by institution, how many offenders admitted each year had previously served a sentence in that, or another, federal institution; and (c) by institution, how many offenders admitted each year had previously served a sentence in a provincial correctional facility?
Response
(Return tabled)
View Ève Péclet Profile
NDP (QC)
View Ève Péclet Profile
2013-06-11 14:53 [p.18089]
Mr. Speaker, the international community, the G8 and various UN bodies have made it a priority to put an end to rape as a weapon of war.
In order to eradicate the scourge of sexual violence in conflict areas, we absolutely must promote gender equality.
Could the government explain its position at the UN regarding the use of education and the promotion of gender equality to put an end to sexual violence in conflict areas?
View Deepak Obhrai Profile
CPC (AB)
View Deepak Obhrai Profile
2013-06-11 14:54 [p.18090]
Mr. Speaker, Canada is pleased to take a leadership role in the resolution of this important topic about gender violence. Canada is a world leader in the protection and promotion of the rights of women and girls. We continue to focus on concrete measures aimed at improving the lives of women and children around the world.
View Niki Ashton Profile
NDP (MB)
View Niki Ashton Profile
2013-06-11 14:54 [p.18090]
Mr. Speaker, the fact is people are concerned that the Conservatives will apply a double standard when it comes to reproductive rights. Survivors of sexual violence in conflict areas need comprehensive reproductive health services, including emergency contraception, gender equality and sexual education, treatment for sexually transmitted diseases and abortion services.
Will the government commit to supporting international efforts to help survivors of sexual violence, including helping to provide a full range of sexual and reproductive health services?
View Deepak Obhrai Profile
CPC (AB)
View Deepak Obhrai Profile
2013-06-11 14:55 [p.18090]
Mr. Speaker, as I just said, Canada is pleased to take a leadership role. Canada is a world leader in the protection and promotion of rights of women and girls. We continue to focus on concrete measures in the different lives of women and children around the world. We will continue doing this on the international stage. However, most important, we have to comply with our laws in our country and that is what we will do.
View Kelly Block Profile
CPC (SK)
Mr. Speaker, I want to thank the minister for bringing forward this very important piece of legislation. We know that aboriginal women are almost three times more likely than other Canadian women to experience violent crime, including spousal violence.
According to the General Social Survey in 2009, approximately 15% of aboriginal women in a marriage, or who had 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 gun and 52% reported that they feared for their life.
We know that emergency protection orders save lives. Could the minister describe how Bill S-2 would enhance the protection of aboriginal women and children living on reserve?
View Bernard Valcourt Profile
CPC (NB)
Mr. Speaker, currently, aboriginal women in our country cannot go to court and seek exclusive occupation of the family home or apply for emergency protection orders while living in a family home on a reserve. The bill extends this basic protection to individuals living on reserve. In situations of family violence, which is what the member referred to, a spouse would be able to 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 of extension.
An emergency protection order is quick. It 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, hence the importance of the bill.
View Rona Ambrose Profile
CPC (AB)
Mr. Speaker, I would like to begin my remarks with the words of Betty Ann Lavallée, the national chief of the Congress of Aboriginal Peoples. She has said that Bill S-2 is:
—addressing the real human issue of an Aboriginal person, sometimes often taken for granted by other Canadians. A spouse within an Aboriginal relationship should not be denied or put out on the street alone and without any recourse because of a family or marital breakdown.
I agree with her completely. Her words are truly informed by her knowledge of the often harsh realities of the day-to-day life faced by many women residents of first nation communities.
At the end of the day, this bill is about one very simple thing, and that is equal rights.
As members know, in 1921, women in Canada were first given the right to vote in the 1921 federal election. However, that did not mean all women in Canada. In fact, aboriginal women, covered by the Indian Act, could not vote for band councils until 1951 and could not vote in federal elections until 1960.
Today, we are seeking to eliminate another unacceptable human rights issue. Through Bill S-2, we will finally be extending the same basic rights and protections to aboriginal women that all other Canadians already enjoy. I urge the opposition to stop denying aboriginal women equal rights and vote in favour of Bill S-2.
As my colleague said already, it has been over 25 years since the Supreme Court of Canada identified this legal gap that exists today on reserve and our government would finally close it with this bill. Bill S-2 proposes an effective solution to this injustice and we are proud to be the government to bring an end to it by providing women and children on reserve with legal protection.
As Minister for Status of Women, I feel strongly that the proposed legislation will provide options to women and children living on reserve who are experiencing family violence. Wives, spouses or common law partners who are living on reserve today face the reality that in the event of separation, divorce or death, the law currently does not protect their matrimonial real property interests or rights.
This is now our government's fourth attempt to pass this legislation. Clearly, as my colleague said before me, it is time to move forward with the bill.
Bill S-2, as proposed, will guarantee the matrimonial real property rights and interests of women who live on reserve and will protect spouses from violent domestic situations.
Statistics show that aboriginal women are almost three times more likely than non-aboriginal women to report being a victim of a violent crime, including spousal violence. Among victims of spousal violence, six to ten aboriginal women reported being injured. For comparison, the proportion was four in ten among non-aboriginal women.
According to the 2009 Statistics Canada “Women in Canada” report, 15% of all aboriginal women who were married or in a common law relationship had experienced spousal violence in the previous five years. In that same report, the rate among non-aboriginal women was 6%.
Nearly half of all aboriginal women who experienced spousal violence reported that they had been sexually assaulted, beaten, choked or threatened with a gun or a knife. A similar proportion reported that there were many times they feared for their lives.
This legislation is about eliminating an injustice by giving on-reserve women access to the options that are available to all other Canadian women to date. However, most important, the bill would provide emergency protection orders to aboriginal women and children who are experiencing violence in the home.
Emergency protection orders clearly save lives. They are recognized by child and family justice advocates as one, if not the most significant, means for preventing family violence.
Several witnesses before the Standing Committee on the Status of Women acknowledged the need for matrimonial real property legislation.
A member of a first nation in Ontario, Rolanda Manitowabi, described how she and her common law partner had built a home together. She invested her life savings into that home and to protect here interests, she got the band to issue her a document naming her as the owner of the property. However, when she and her partner split up, she was evicted from her home. It was at that time she found out that the document in fact had absolutely no legal foundation. Bill S-2 would change that. About the bill, she stated, “I hope it's available to help other women and children on reserves”.
Jennifer Courchene, a member of a first nation in Manitoba, also appeared before the Standing Committee on the Status of Women. Jennifer and her children became homeless after her abusive partner forced them out of their home. She said, “if there had been something [like this] to help us, we would have taken it, rather than be homeless, that's for sure”.
Aboriginal women on reserve who are not able to stay in the family home are forced to flee the reserve with their children, sometimes with nothing more than the clothes on their back, to a shelter or, even worse, somewhere homeless. Currently, a woman living on reserve who is a victim of violence has no legal protection other than pressing criminal charges. There is no mechanism to allow a parent and her children exclusive access to a family home.
I repeat the importance of using emergency protection orders to save lives. In the case of domestic violence and physical abuse, a court cannot order the spouse who holds the interest in the reserve home, which is almost always the male, to leave the home, even on a temporary basis. When a woman and her children are evicted from a family home on reserve, no judge currently has the power to intervene.
Extending the same rights that women off reserve have to aboriginal women living on reserve would address this dire situation. If emergency protection orders were enforced, abusers could be removed, allowing the women and children to find safety in the comfort of their own homes.
If aboriginal women were granted the ability to remain in the family home on reserve, they could escape situations of domestic violence, while the perpetrator was taken from the home, and they could stay to continue to care for their children and also maintain that vital access to the support in their own communities.
In addition to the protections provided by these orders, Bill S-2 would also provide for the granting of temporary exclusive occupation of the family home. This protection is important for two reasons. First, in situations of family violence, women could be granted temporary exclusive occupation of the home for a period of time extending past the emergency occupation.
Second, in the case of the death of a spouse or common law partner, the surviving spouse would be allowed to stay in the home for 180 days. During that time, the surviving spouse could apply for exclusive occupation of the family home for a period of time to be determined by the courts.
As my colleagues have said in the House many times, there has been a need for the bill for more than a quarter century. Our government has brought this issue before Parliament four times now, debating this issue in both chambers and in committee for more than 60 hours, and this includes more than 25 hours of debate on this particular iteration of the bill alone.
Yet after spending $8 million on 103 consultation sessions in 76 different communities across Canada, even after the Supreme Court of Canada has identified this legal gap and the United Nations Human Rights Council has identified this as a gap for aboriginal women in Canada, after countless reports and studies going back a quarter of a century, the opposition continues to propose that we need more talk. We have said clearly that we have had enough talk and it is time to act.
Some first nations have established matrimonial property rights, and I applaud them. However, similar legal regimes are not yet in place in hundreds of on-reserve communities across Canada. It is time that aboriginal women living on reserve shared the same rights as all other Canadian women.
As the Minister for Status of Women, I work very closely with my colleagues to address violence against aboriginal women, and we do this by supporting many projects that address this issue in a very comprehensive manner, the projects that build economic security and develop the leadership skills that prepare women to successfully escape violent domestic situations.
Since 2009, through the women's program, we have provided a great deal of funding in support of projects that helped to empower and protect aboriginal women and girls. For instance, the La Loche Friendship Centre Corporation is addressing violence against aboriginal women and girls living in northern Saskatchewan. With the support of community stakeholders—men, women, youth and elders—they will be able to better address violence faced by aboriginal women.
Actions taken by this government to end violence against women and girls include increasing funding to the women's program to its highest level in Canadian history. We have now funded more than 600 projects in Canada from coast to coast to coast since 2007.
We have also launched a comprehensive national action plan to combat human trafficking to ensure the safety and security of women and girls across Canada who are being targeted for sexual exploitation by violent traffickers.
We are moving ahead with Bill S-2, which would give aboriginal women equal rights and access to their matrimonial property rights and, most important, emergency protection orders to protect them in cases of domestic violence.
View Susan Truppe Profile
CPC (ON)
Mr. Speaker, I rise today in support of Bill S-2, the family homes on reserves and matrimonial interests or rights act. Bill S-2 would remove a factor that contributes in no small way to violence against women living in many first nation communities. The proposed legislation would give these women similar legal protection to that enjoyed by other Canadian women and the same legal tools and mechanisms that other Canadian women use to prevent and combat abuse and violence, particularly from spouses or common-law partners.
For many years, debates in Parliament about this issue have focused on the legislative gap: the fact that no effective law has existed for more than 25 years since a Supreme Court decision ruled that provincial matrimonial real property law cannot be applied in first nations communities, yet the truth of the matter is that this is much more than a legal issue for countless women. It is about pain and suffering, victimization and injustice. For many women, it is also about survival, courage and resolve.
When I consider the issues surrounding Bill S-2, I look through the prism of these ideas, the individual experiences of Canadians who have fallen victim to a legislative gap. Theirs is typically a harsh reality of impossible choices. An abusive husband threatens to evict his wife and children from their family home in a first nation community. She cannot leave with the children because they have no place else to go. If she stays, they will all suffer physical and emotional trauma. There is no law that would allow her to stay in the family home with her children. It is a miserable and awful truth lived by some Canadians each and every day.
During its review of the legislation now before us, the Standing Committee on the Status of Women heard from a number of witnesses, including Ron Swain. Mr. Swain is the vice-chief of the Congress of Aboriginal Peoples. He is also an ex-police officer who recently retired after more than two decades on the job. During his testimony, he recalled a particular incident that was typical of what was experienced dozens of times during domestic disputes on reserves:
Usually, a big fight takes place, the police are called, the police show up, and whoever is the perpetrator or the offender gets arrested and taken away.
I can give you an example...going back a few years [where that] individual happened to be from that community, and he was with a Métis girl who wasn't from that community and didn't have band membership or wasn't part of the band. Once the person was released from custody, he went to the chief and council. Within a very short time, a band council resolution was passed, and then he had control and custody of that building, the house, the matrimonial home.
They were in a common-law relationship at that time. She had some children but not from that relationship. She was basically forced to leave that community. There was no separation of property. She basically had no rights...she was escorted off that community with just the clothes on her back and with her children.
Ron Swain's testimony cuts to the heart of the issue. Until effective legislation is in place, the vast majority of Canadians who live on reserve will be vulnerable to this type of abuse, and there is not a court in the land that can help them.
The standing committee also heard from Jennifer Courchene, a first nation woman who survived a similar situation: her husband evicted her and their children from their family home. In part of her testimony, she said:
When I went to court, the judge did want to help us. He said he would...if he could, but he couldn't. He said his hands were tied.
She also stated:
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...[and] if there had been something to help us, we would have taken it, rather than be homeless, that's for sure.
Bill S-2 would close the legislative gap that continues to cause harm. The proposed legislation would give Jennifer Courchene and the thousands of women like her the legal protection they so rightly deserve, protection similar to what the law affords women who live off reserves, women like me.
As my hon. colleagues should recognize, the proposed legislation would feature a two-part solution. The first part would authorize Canada to recognize laws developed and endorsed by first nations communities. The second part is the provisional federal rules that would apply in those communities that have yet to develop laws related to matrimonial real property rights and interests. The federal rules would not take effect until 12 months after Bill S-2 became law. The end result would be laws to protect the matrimonial rights and interests of all Canadians, regardless of where they live. The provisional federal rules would give victims of abuse or violence access to two tried and true legal tools to defend themselves: emergency protection orders and exclusive occupation orders.
Currently the law does not provide people who live in the majority of first nation communities with access to these orders, yet these orders are widely credited with saving the lives of thousands of people, typically women facing violent, abusive spouses or common-law partners.
These orders, the provisional federal rules and the rest of Bill S-2 are designed to ensure that Canadians who live on reserve have similar matrimonial real property rights and protections to those of Canadians who live off reserve.
The proposed legislation would promote the safety of children and caregivers who experience family violence. It would enable children to remain in their home and benefit from the stability that this provides: the connection with the community and extended family and access to services, schools and special programs. In the event of separation or divorce, Bill S-2 would also ensure that matrimonial assets are divided in an equitable manner.
The importance of these points cannot be overemphasized. Children who witness violence between their parents are more likely to end up in violent relationships when they grow up. The proposed legislation would help break this cycle.
Most first nations women do not have access to the legal protections and tools available to other Canadian women. Women who live off the reserve can secure legal remedies, such as court orders. For women in abusive relationships, these orders are vital tools they can use to protect themselves and their children. The orders also serve as powerful deterrents to would-be abusers.
Bill S-2 would help prevent violence against women. I urge my hon. colleagues to consider the matter from the perspective of a woman who lives on a reserve with a physically abusive spouse. If they do, I fully expect they will be joining me in voting in favour of the proposed legislation.
View Jean Crowder Profile
NDP (BC)
Mr. Speaker, it is with a heavy heart that I rise to speak to this piece of legislation today.
We have heard the members of the Conservative Party characterize this as an urgent situation. I need to point out—
Hon. Leona Aglukkaq: It is.
Ms. Jean Crowder:The Minister of Health is continuing to heckle in the background about how it is.
Mr. Speaker, one of the things that I want to point out is that Bill S-2 was passed in the Senate back in December 2011. Here we are in the spring of 2013, finally debating it here in the House. If it was so urgent, first, why did the Conservatives not introduce that piece of legislation here in the House where we could have the kind of debate that is required, and second, why have they waited so long to bring it forward?
Once they decided that the House should actually debate the bill, they then invoked time allocation so that we could not have a full debate in the House. Then they moved a motion at the status of women committee limiting the time that we could call witnesses.
Contrary to what the members opposite have portrayed, what we actually heard from a number of witnesses is some very grave concerns with this piece of legislation.
First, let us recap this situation.
It was not urgent enough to bring it forward for a timely debate. It was not worth the kind of deliberation and consideration that the House should be taking because the Conservatives invoked time allocation, both in the House and at committee. They disrespectfully shut down witnesses and did not allow the opposition an opportunity to question key witnesses, such as the Native Women's Association of Canada. They are expecting us to just roll over for a piece of legislation that will not achieve what they are claiming it would achieve.
One of the things the Conservatives like to assert is that this bill is about protecting aboriginal women against violence, but I have to point out to the Minister of Health is that the bill does not talk about violence against aboriginal women. It talks about family violence, which is mentioned eight times only, and only in the context of emergency protection orders. Just because one says it is so does not make it happen.
If the government were truly serious about tackling the issues about violence against aboriginal women, it would endorse Motion No. 444, put forward by the member for Churchill, which calls upon the government to:
...develop, in collaboration, with the provinces, territories, civil society and First Nations, Métis and Inuit peoples and their representatives, a coordinated National Action Plan to Address Violence Against Women, which would include: (a) initiatives to address socio-economic factors...; (b) policies to prevent violence against women...; (c) benchmarks for measuring progress...
and so on.
There is a whole series of very concrete steps that the government could take if it were serious about dealing with violence against aboriginal women and children, but instead, it continues to put forward the empty words that would not keep women and children safe.
I also need to point out that many people recognize that matrimonial real property is a family and a community issue and that it is absolutely something we should be tackling. The problem is that the solution that the government puts forward is, as always, going to fall far short.
In a letter we sent to the Minister of Aboriginal Affairs and Northern Development, we outlined the concerns we have with the bill. I will read this letter into the record:
I wanted to express the profound concerns of the New Democratic Party regarding the current government's approach in dealing with the legislative gap related to matrimonial real property rights and interests on reserve.
During committee hearings on matrimonial real property (MRP) legislation currently before the House, we heard legal experts, First Nations' representatives and women's organizations speak against the current approach because they do not believe it will protect women from violence while also infringing on the collective inherent rights that women hold as members of individual First Nations.
In order to successfully address the issue of MRP, a collaborative process is necessary so that an appropriate and effective solution can be found that is supported by all stakeholders.
I would like to propose to you that we work on a new approach to MRP following all of the recommendations proposed by the Ministerial representative that would respect First Nations' jurisdiction and the principles of the UN Declaration of the Rights of Indigenous Peoples (to which Canada is a signatory).
To ensure full participation a key aspect of this approach is meaningful consultation on any proposed legislative solution, not just consultation on the principle or issue the legislation is intended to address.
Any MRP legislation should also be accompanied by non-legislative remedies to serious problems, including:
Timely access to remedy;
Ending violence against Aboriginal women through a national action plan;
Addressing the housing crisis on reserves including funding for women's' shelters;
Better access to justice including increased funding to legal aid especially to remote communities;
Increased financial resources to support First Nation governments to actually implement new process; and
Access to alternative dispute resolution.
In order to promote the process of reconciliation mandated by section 35 of the Constitution Act, 1982, we hope that you will follow up with us on this new way forward.
There is another way that matrimonial real property could be addressed. However, sadly, what we have here is a Conservative government track record of ramming through legislation without seriously looking at the consequences.
While I have the floor, I also need to correct the record around the Manitoba NDP. We hear members talk about this consistently.
In the Manitoba Hansard of December 6, 2012, the Attorney General of Manitoba made this clear:
...we can't deny the fact there are serious concerns that have been raised by people across this country about the process by which this bill was created, the content of the bill and then the subsequent impact of this bill on First Nations....
The Conservatives fail to tell people that it was a private member's motion that was introduced by a Conservative. Of course people support the principle of matrimonial real property, but as is clearly outlined by the Attorney General in Manitoba, they have grave concerns about this particular approach to it.
One of the witnesses who came before the committee was the Acting Chief Commissioner of the Canadian Human Rights Commission. The Acting Chief Commissioner posed three very important questions that I would argue the Conservative bill fails to address.
First, the acting Commissioner asked, “Will the proposed legislation provide women with fair access to justice?” The second question was “Will the proposed legislation ensure women will be able to access their rights in a safe way?” and the third was “Do first nations communities have the capacity they need to develop and implement their own matrimony real property systems, and if not, what can be done to correct this problem?”
I would say that to all three of those questions, the answer would be no.
With regard to fair access to justice, the members opposite like to say that because we will make legislation, somehow or other fair access to justice will be in place. Well, we know that first nations in reserve communities have virtually no access to legal aid, and second, when it comes to getting to courts or having access to the court system, it is very difficult.
One woman from Quebec told us that when she was going to court, she had to travel in the same vehicle as the spouse she was separating from. There was no transportation to where the court system was and there was no money to provide for both parties in the dispute to go to court, so they had to travel in the same vehicle.
In terms of fair access to justice, there have to be legal remedies available, the court system has to be accessible for people, particularly in rural and remote communities, and some education and training should go into the court systems.
We have heard members opposite also talk about the centre for excellence. Let us think about it for one moment in terms of fair access to justice.
The Conservatives are saying that this centre of excellent would provide tools and resources for first nation communities who want to develop their own matrimonial real properly codes. This sounds pretty good. We would support that. However, in one year, first nation communities are not going to have access to the resources and tools they are going to need to have that code in place by the end of the year, because what has to happen is a very respectful process in order to develop that code.
The Acting Chief Commissioner's second question was “Will the proposed legislation ensure women will be able to access their rights in a safe way?”
We heard from a number of witnesses, and it was in the ministerial representative's report, that there are no non-legislative remedies attached to this piece of legislation. In terms of being able to access rights in a safe way, I want to talk about non-legislative remedies.
We understand there is a housing crisis in many communities. We also understand that in many communities, generations of families are living in one house. If a court order says one person or another will have the house, what happens to the rest of the family members who are living in that house? Where will they go if, for example, they happen to be related to the spouse who is not able to live in that house anymore? Where will people go on reserves where there are already very serious problems with housing?
The Acting Chief Commissioner's third question was “Do first nations communities have the capacity they need to develop and implement their own matrimonial real property systems...?”
It comes as no surprise that there is no money in this legislation and that the likelihood of first nations communities being able to develop their matrimonial real property codes in a timely way is nonexistent. The NDP proposed an amendment to this legislation that the coming into force be changed from one year to three years to allow an adequate period of time for first nations to develop their own matrimonial real property codes. If the government were serious, it would support first nations having the time and resources to develop these codes.
When the Acting Chief Commissioner of the Canadian Human Rights Commission appeared before committee, he referenced a tool kit for developing community-based dispute resolution processes in first nations communities. Although this tool kit is about alternative dispute resolution, it would be useful in terms of providing support and some guidelines for first nations who want to develop their own codes. As well, it was developed in conjunction with a number of first nations communities, so it has cultural relevancy and an understanding of the process in communities. The tool kit references article 34 of the United Nations Declaration on the Rights of Indigenous Peoples. It says:
Indigenous peoples have the right to promote, develop and maintain their institutional structures and their distinctive customs, spirituality, traditions, procedures, practices and, in the cases where they exist, juridical systems or customs, in accordance with international human rights standards.
That would seem to be a very good starting point in terms of developing matrimonial real property codes.
The tool kit goes on to say that there are four stages to developing an alternative dispute resolution. They could also be used in developing matrimonial real property codes. They include “leadership, values and principles; capacity-building for development and engaging your community; developing your community's dispute resolution model; and implementation, monitoring and continuous improvement”.
The tool kit talks about the fact that developing these kinds of processes can also be an educational process within the community.
It goes on to talk about developing a regional dispute resolution process that could provide reduced costs for human and financial resources for all of the communities involved, the opportunity to begin developing a broader aboriginal human rights system and the chance to demonstrate how equality principles are being implemented in the community. With the appropriate time and resources, it is quite possible that the matrimonial real property codes that could be developed within first nations would more reflect their own customs, practices and traditions.
There are a number of problems with this legislation. I know I am not going to have time to go through every one of them, but I want to touch on a couple.
One is the whole issue around property. I sometimes wonder if the members opposite actually understand the complexities of the land codes that are facing first nations communities.
The briefing document that was provided to committee, Issue Paper No. 7, talks about how housing on reserve:
...varies among First Nations in terms of policies, rules and customs. Housing may be divided into two broad categories, including “band-owned” housing, consisting of an estimated two-thirds to three-quarters of all housing on reserve, and “individually-owned” housing. Band-owned or individually-owned housing allocations may be applied in nearly any combination to the broad range of landholdings on reserves, whether individually-held (e.g. individual with a Certificate of Possession) or communal (First Nation social housing on general band lands).
It also goes on to say:
Many First Nation families rent homes on reserves from their First Nation or from another First Nation member. The interests or rights of individuals renting on reserves are not as clear as those off reserves, nor are the regulatory powers of band councils that rent housing, because provincial tenancy statutes likely do not apply.
So here we have this very complex system of housing on reserve. To say that Bill S-2 would somehow or other allocate housing based on an off-reserve housing model simply is not going to wash.
Members opposite continuously point out that this legislation would make first nations women's lives better. As is pointed out by Issue Paper No. 10 on gender-based analysis, that may actually not be the case, and women may in fact be disadvantaged by this legislation. It says:
Because women are more likely to be caregivers of dependent children and/or adults, men may be less likely to retain occupation of the family home on breakdown of a conjugal relationship. As a result, more women than men may be required to financially compensate their spouse or common-law partner for their share of the family home.
That could be a problem for many women. They may be women who work in the home and do not have access to any additional income. They may be women who are underemployed, or they may simply not have been able to put away money that would allow them to buy their family homes from their spouses.
One of the measures called for in the ministerial representative's report is access to a compensation fund that would allow men or women to buy out their spouses. None of that is included in this particular piece of legislation.
One issue pointed out in the ministerial representative's report was that first nations could be placed in a Catch-22 situation in which they would be held to the same standard as provincial governments but would not have the resources and capacity to achieve it. There is nothing in this legislation that addresses that.
There are a number of other issues I would like to cover in terms of non-legislative measures. However, I will not be able to do that in the limited time available.
Therefore, I move:
That the motion be amended by deleting all the words after the word “That” and substituting the following:
this House decline to give third reading to Bill S-2, 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, because it:
(a) is primarily a Bill about the division of property on reserve but the Standing Committee on the Status of Women did not focus on this primary purpose during its deliberations;
(b) fails to implement the ministerial representative recommendation for a collaborative approach to development and implementing legislation;
(c) does not recognize First Nations jurisdiction or provide the resources necessary to implement this law;
(d) fails to provide alternative dispute resolution mechanisms at the community level;
(e) does not provide access to justice, especially in remote communities;
(f) does not deal with the need for non-legislative measures to reduce violence against Aboriginal women;
(g) makes provincial court judges responsible for adjudicating land codes for which they have had no training or experience in dealing with; and
(h) does not address underlying issues, such as access to housing and economic security that underlie the problems on-reserve in dividing matrimonial property.
View Carolyn Bennett Profile
Lib. (ON)
Mr. Speaker, as we have made clear throughout the process for Bill S-2, the Liberal Party does not question the need to address the legal gaps and other problems surrounding the family breakdown for first nations living on reserve.
However, the political rhetoric of the government members regarding this bill has been absolutely shameful. It is reprehensible for the minister to stand in the House and say “I know opposition members do not care about aboriginal women and children, but we do.”
This partisan approach, this simplistic approach is completely against what the members on this side are objecting to. This problem will only be solved in a holistic way and if it is in keeping with the advice of first nations leaders and organizations and first nations women themselves.
The truth is that this bill will not effectively deal with the problem of matrimonial breakdown on reserves and fails to provide first nations with the tools to implement appropriate measures for families to resolve disputes safely in a culturally appropriate way.
Furthermore, the assertion of the government that the bill is the answer to the disproportionate levels of domestic and other violence against aboriginal women is appalling. It is patently dishonest for the Minister for Status of Women to stand in the House and claim emergency protection orders alone will save lives.
The fact is the government's decision to move forward with this legislation, without dealing with the issues of access to justice and gaps in enforcement capacity, could actually make matters worse.
When Mr. David Langtry, acting chief commissioner, Canadian Human Rights Commission, testified before the Status of Women committee, he asked parliamentarians to consider three fundamental questions. First, would the proposed legislation provide women with fair access to justice? Second, would the proposed legislation ensure that women would be able to access their rights in a safe way? Third, would first nations communities have the capacity they needed to develop and implement their own matrimonial real property systems?
Although I would broaden the questions to include first nations men, I believe answering these three questions provides an ideal framework to analyze Bill S-2 in both its scope and effectiveness. As one reviews the limited evidence the House of Commons committee was willing to hear, experts who testified before the Senate and the many stakeholders who had provided comments outside the committee process, the answer to all three of these questions was a resounding “no”.
The government's own ministerial representative on matrimonial real property on reserve, Wendy Grant-John, noted in her report:
The viability and effectiveness of any legislative framework will also depend on necessary financial resources being made available for implementation of non-legislative measures such as programs to address land registry issues, mediation and other court related programs, local dispute resolution mechanisms, prevention of family violence programs, a spousal loan compensation fund and increased funding to support First Nation communities to manage their own lands.
She went on to say:
Without these kinds of supports from the federal government, matrimonial real property protections will simply not be accessible to the vast majority of First Nation people.
The Liberal Party is very concerned that the government disregarded her advice and that of first nations from across the country and brought forward legislation without these non-legislative supports.
The potential solutions under the interim rules imposed by this legislation rely heavily on access to provincial courts.
As we have heard from many witnesses, many first nations communities are in areas with limited access to courts or lawyers and provincial courts may not be financially or even physically accessible for many first nations individuals.
Michéle Audette, president, Native Women's Association of Canada, put this issue into context when she told the committee:
Canadian women find it difficult to access justice because of the high costs involved, or, in the case of those who live in remote areas, because of the long distances to be travelled.
Therefore, imagine what it is like for women in our aboriginal communities. It is even worse.
She went on to say:
—it would be difficult for a woman who lives in a remote community such as Attawapiskat or in other communities in other provinces, such as in Quebec, to find a lawyer who knows family law and the Indian Act.
The persistent underfunding of legal aid systems across Canada have left them ill-equipped to deal with current demand. It is clear that they will be unable to deal with the additional burden of the unique legal and cultural realities of property division on reserve.
Another fundamental challenge facing the provincial court systems relates to a lack of experience with and understanding of these matters.
To mitigate these issues of access and cultural sensitivity, we heard time and again about the importance of the availability to alternate dispute resolution mechanisms in first nations communities to deal with matrimonial breakdown if there was no commitment to provide funding for alternatives to the court system, which would be more cost effective and culturally appropriate.
The government does not have a comprehensive plan to deal with these realities, which will deprive first nations individuals of practical access to the legal rights the law claims to provide.
The government has tried to frame this legislation in terms of responding to violence against aboriginal women. As noted earlier, it has emphasized that this legislation provides for emergency protection orders for women living on reserve and claims this will save lives.
Unfortunately, the government's decision to move forward with legislation, without non-legislative support, maybe the opposite for many first nations women.
Regional Chief Jody Wilson-Raybould addressed this in her testimony when she said:
—preliminary research we have uncovered shows a correlation between increased harassment and threats of violence against women who file for protection orders in instances where there are issues with their enforcement. We question the capacity and ability of such orders to be effectively enforced, particularly in remote communities with limited access to police services.
This very telling quotation must be viewed in light of the lack of funding available to first nations police forces and the fact that some first nations communities have far greater police presence than others.
While we are happy that the government is finally listening to first nations and Inuit police forces and the communities they serve by providing a longer-term funding agreement, it is clear that the government is still not providing these essential services with the resources they need to do their job.
In other communities serviced by the RCMP or other police services, there is often an inadequate police presence and the enforcement of existing laws is an ongoing challenge for these overstretched offices.
Beyond issues around adequate enforcement, the bill also fails to address the root causes of family breakdown and domestic violence, mainly the lack of housing, inadequate funding for child welfare and inadequate access to legal aid and other services for aboriginal women. For example, only 41 shelters serve more than 630 first nations communities in Canada.
Even Betty Ann Lavallée, the national chief of the Congress of Aboriginal Peoples, told the Senate that this bill should address the issue of emergency housing for victims of domestic violence, a recommendation that the government clearly chose to ignore.
We are concerned that many first nations do not currently have the capacity to develop their own rules around matrimonial property and will be left with the provisional rules for an extended period of time. That means communities will have provisional rules that do not reflect their traditional laws, culture or reality imposed upon them without the time or the capacity to move beyond them.
The government cuts to the National Centre for First Nations Governance, tribal councils and other institutions focused on building first nations governance capacity is further undermining the ability of first nations to develop and implement such a review.
The government talks about a promised centre of excellence which would help first nations develop rules of their own, but this will not be up and running until after the passage of the bill and likely after the time frame allocated to most first nations to develop their own rules.
There will only be a 12-month window for the first nations to develop and adopt their own regulations regarding matrimonial real property on reserves, before the provisional rules are imposed.
All the testimony we heard on the issue suggested this was a completely unrealistic time frame. The legislation that brought first nations communities under the jurisdiction of the Canadian Human Rights Act provided a three-year transition period.
We heard from the Canadian Human Rights Commission officials that in their experience that period may not even be enough, but would be more realistic.
Officials from the first nations Lands Advisory Board had more than 10 years of experience facilitating first nations law-making for matrimonial real property rights on reserve and they made it clear that they were:
—concerned about the potential impact of the proposed legislation on the 68 first nations that are presently waiting to become signatories to the framework agreement, and the other communities across Canada.
They went on to say:
Successful enactment of these laws by framework agreement signatories has invariably been the culmination of a multi-year, community-driven, consensus-building process...
The AFN has also suggested 36 months would be a more appropriate transition period and that is the time provided in this very bill to first nations in the First Nations Land Management Act process. Given current capacity issues and the fact that the centre of excellence would take time to develop, it was clear that all first nations should have the benefit of a consistent 36-month transition period to develop their own culturally sensitive matrimonial property regime, but the government refused even that common-sense amendment.
Although general public discussions were held on first nations matrimonial real property in 2006-07, it is important to note that both AFN and NWAC, the two first nations organizations the government engaged to facilitate those meetings, oppose this bill. Consultation requires both a substantive dialogue and the government members to listen and, when appropriate, incorporate what they hear into the approach. The Native Women's Association of Canada and the AFN have been clear that they are not confident the legislation will resolve the problems associated with matrimonial real property on reserve and have pointed out that the current bill will fail to address many of the recommendations repeatedly raised each time this legislation has been brought forward.
Further, given the recommendations of the government's own representatives and first nations about the need to deal with capacity and resourcing issues before, or at least in concert with, legislation, it is curious why the Conservatives decided to introduce the bill in the Senate where it was subject to increased restrictions on incorporating resources.
Since this bill was initiated in the Senate, it cannot generate any spending.
Then, despite the fact that the legislation was introduced in the House of Commons on behalf of the Minister of Aboriginal Affairs and Northern Development, the bill was sent to the status of women committee to be pushed through with only two weeks of witnesses.
This legislation deals with legal and cultural issues in the first nations, for both men and women.
It was completely inappropriate to, for reasons of expediency, have the study of these complex matters done by a committee with no prior experience with aboriginal issues. The fact that the committee did not allocate reasonable time to hear from organizations with the expertise and experience to highlight some of the challenges was particularly disappointing. The AFN and the first nations Lands Advisory Board had less than 20 minutes of committee time and NWAC was allocated 8 minutes. The Conservative majority then pushed this flawed bill through the committee without accepting a single amendment. This is not the way to produce effective and well thought out legislation.
The Liberal Party will not be supporting this legislation because the government has decided to move forward in a way that not only ignores many of the fundamental issues at stake, but actually may make things worse.
View Niki Ashton Profile
NDP (MB)
View Niki Ashton Profile
2013-05-22 14:15 [p.16795]
Mr. Speaker, as the status of women critic for the NDP, I am here to ask the Conservative government to step up and act to end violence against women.
The Conservatives claim that ending violence against women is a top priority, yet when given the opportunity to take action, they refuse. There is a pandemic of missing and murdered aboriginal women, but the government has yet to launch a public inquiry or commit to action.
The list goes on. Just yesterday, yet another former RCMP officer came forward seeking justice after being sexually assaulted on the job. When the Conservatives had the opportunity to give direction, they refused.
The Conservatives must face a harsh fact: women are still subject to violence in Canada because they are women. That is why I have submitted Motion 444 for consideration, calling on the government to develop, in collaboration with the provinces, territories, civil society, and first nations, Metis and Inuit peoples, a coordinated national action plan to address violence against women.
Violence against women is not just a women's issue; it affects all Canadians. I urge the government to heed the NDP call to work to end it.
View Joy Smith Profile
CPC (MB)
Mr. Speaker, for more than a quarter century, aboriginal women living on reserve have been without access to the legal rights they deserve.
Could the Minister for Status of Women update the House on the actions this government has taken to address this inequality that has stood for far too long?
View Rona Ambrose Profile
CPC (AB)
Mr. Speaker, I want to tell the House that last week I announced a project in northern Alberta that will support 200 aboriginal girls between the ages of 8 and 14 in addressing violence and abuse. We are working in partnership with representatives from the Bigstone Cree Nation Women's Emergency Shelter, the Bigstone Community School, the Bigstone Cree Nation family and children services and also the RCMP.
Today we have gone even further. Today the Standing Committee on the Status of Women finished its clause-by-clause review of Bill S-2, and we all know that in situations of family violence it would allow judges to enforce protection orders to remove a violent partner from the home. This is an incredible day for aboriginal women and girls, and I want to thank the Conservative members from the status of women committee for getting the job done.
View Ryan Leef Profile
CPC (YT)
View Ryan Leef Profile
2013-05-10 11:45 [p.16655]
Mr. Speaker, in a remote aboriginal community, when it is the middle of the night and it is 30° below zero and a woman has been violently assaulted, it is absolutely necessary for her to receive the same protection as all other Canadians.
That is exactly why our government introduced Bill S-2, which would allow the enforcement of emergency protection orders.
Shamefully, however, the Liberal leader whipped his caucus to vote against that bill.
Would the parliamentary secretary please update the House on our position versus their position?
Results: 1 - 15 of 419 | Page: 1 of 28

1
2
3
4
5
6
7
8
9
10
>
>|
Export As: XML CSV RSS

For more data options, please see Open Data