Proceedings of the Standing Senate Committee on
Human Rights
Issue 8 - Third Report of the Committee
Tuesday, June 15, 2010
The Standing Senate Committee on Human Rights has the honour to present its
THIRD REPORT
Your committee, to which was referred Bill S-4, 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, has, in obedience to the order of reference of Wednesday, May 5, 2010, examined the said Bill and now reports the same with the following amendments:
1. Clause 2, page 4:
(a) Add after line 41 the following:
"(2.1) For greater certainty, for the purposes of this Act, an agreement between spouses or common-law partners includes an agreement reached through the use of traditional dispute resolution.''; and
(b) Replace line 44 with the following:
"subsection (2.1), section 6, subsections 20(2), (4) and (5) and''.
2. Clause 21, page 12: Replace lines 35 and 36 with the following:
"21. (1) On ex parte application by a spouse or common-law partner, a designated judge of the province in which the family home is situated may''.
3. Clause 21, page 13: Replace line 14 with the following:
"the designated judge granted in accordance with the regulations.''.
4. Clause 21, page 13: Replace line 34 with the following:
"interest or right in or to the family home;
(e.1) the period during which the applicant has habitually resided on the reserve; and''.
5. Clause 21, page 14: Replace line 42 with the following:
"(6) either directly or, if authorized by the court in the province in which the designated judge has jurisdiction, by substituted service in the manner, under the circumstances and on the conditions prescribed by regulation. The peace officer shall inform the applicant as soon as''.
6. Clause 22, page 16: Replace line 22 with the following:
"rehearing, including evidence on the collective interests of the First Nation members, on whose reserve the family home is situated, in their reserve lands.''.
7. Clause 23, page 17: Replace line 11 with the following:
"any evidence presented at the hearing, including evidence on the collective interests of the First Nation members, on whose reserve the family home is situated, in their reserve lands.''.
8. Clause 25, page 18:
(a) Replace line 23 with the following:
"(c) the collective interests of First Nation members in their reserve lands and the representations made by the council'';
(b) Add after line 27 the following:
"(c.1) the period during which the applicant has habitually resided on the reserve;''; and
(c) Replace lines 32 and 33 with the following:
"modation that is situated on the reserve;''.
9. Clause 26, page 21: Replace line 9 the following:
"(d) the collective interests of First Nation members in their reserve lands and the representations made by the council''.
10. Clause 31, page 23: Replace lines 29 to 32 with the following:
"occupation of the family home to a spouse, common-law partner or survivor who is not a lessee under the lease for the family home, the spouse, common-law partner or survivor is bound by the lease''.
11. New clause 50.1, page 40: Add after line 12 the following:
"50.1 (1) An order made under this Act in a divorce proceeding as defined in subsection 2(1) of the Divorce Act is deemed, for the purposes of section 21 of that Act, to be an order made under that Act.
(2) Any other order made under this Act, except under any of sections 21 to 24, may be appealed to the court exercising appellate jurisdiction over the court that made the order.''.
12. Clause 57, page 43: Replace line 6 with the following:
"ings under this Act and prescribing anything that by this Act is to be prescribed.''.
Respectfully submitted,
JANIS G. JOHNSON
Chair