Proceedings of the Standing Senate Committee on
Human Rights
Issue 6 - Fourth Report of the Committee
Tuesday, November 29, 2011
The Standing Senate Committee on Human Rights has the honour to present its
FOURTH REPORT
Your committee, to which was referred 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, has, in obedience to the order of reference of Tuesday, November 1, 2011, examined the said Bill and now reports the same with the following amendments:
1. Page 15, clause 17: Replace lines 3 and 4 with the following:
"section 16, and may extend the duration of the order beyond the period of".
2. Page 15, clause 18: Replace lines 23 and 24 with the following:
"revoke the order, and may extend the duration of the order beyond".
Your committee has also made certain observations which are appended to this report.
Respectfully submitted,
MOBINA S. B. JAFFER
Chair
In May and June of 2010, the Standing Senate Committee on Human Rights studied Bill S-4, The Family Homes on Reserves and Matrimonial Interests or Rights Act. Bill S-4 was identical to two previous bills, Bill C-8, introduced during the 2nd Session of the 40th Parliament, and Bill C-47, introduced during the 2nd Session of the 39th Parliament. The Committee reported Bill S-4 back to the Senate with amendments, and the amended bill was passed by the Senate on 6 July 2010. Bill S-2, a revised version of that bill, was introduced on 28 September 2011, and the issue of matrimonial real property came before your Committee once again.
Your Committee’s commitment to address what has been described as a “legislative gap” on reserves dates back to 2003 when we first studied the issue and released an interim report, A Hard Bed to Lie In: Matrimonial Real Property On Reserve. It was this Committee that heard of the urgency of the situation faced by some women in some First Nations communities upon the breakdown of their relationships, and it was this Committee that called for a legislative solution to address some of the resulting injustices. Your Committee heard evidence relating to Bill S-2 on the 21st and 28th of November 2011, and many of the concerns that were raised in connection to the bill echoed the testimony we heard earlier on Bill S-4. At the same time, the voices of the women who appeared before your Committee during our 2003 study are still fresh in some of our minds. While your Committee is both sensitive to and supportive of many of the concerns that were raised, we are at the same time cognizant that while self-governing First Nations and First Nations communities who are signatories to the First Nations Land Management Act are able to enact laws that address the issue, the majority of First Nations communities have no legal authority to do so. That is why this legislation is critically needed.
It is clear that many First Nations communities will need support if they are to develop their own laws relating to matrimonial interests and rights, and the Minister has now twice indicated to your Committee that a Center of Excellence will be established as a source of information, research and support for First Nations communities. This Committee applauds the concept of such a Centre. However, your Committee is concerned that the required Treasury Board approval may cause a delay in establishing the Centre, as we were advised that the Minister will speak to Treasury Board about the Centre of Excellence only once the bill has passed. As a result of that delay, First Nations communities that may be anxiously seeking out tools to facilitate their law-making process may also face delay. With that in mind,
your Committee urges the Minister to immediately engage his Treasury Board colleagues in preliminary discussions with respect to the Centre of Excellence so that unnecessary delay in establishing the Centre is avoided.