Indigenous and Northern Affairs committee  I would add that, given the parameters set by the Supreme Court for the granting of an extension, such an amendment would probably require going back for a considerable period of time, which would basically bring us outside of the parameters set by the court. We would have to ask for a considerable amount of time, given the policy and the position of the department to consult broadly on these issues, which could not be done within a short amount of time.

Indigenous and Northern Affairs committee  Thank you for the question. Pursuant to the Minister of Justice's mandate to review the drafting of legislation and the introduction of bills in Parliament, it is the department's duty to verify constitutional compliance with the charter, as well as with the Canadian Human Rights Act.

Status of Women committee  No, not as—

Status of Women committee  Madam Chair, I can answer that question. As mentioned previously, the bill in a way represents a middle ground between all the systems that exist in Canada. Incorporation by reference was rejected by a number of provinces. So as soon as you depart from provincial law in the 13 provinces and territories, you are applying rules that would be in conflict.

Status of Women committee  Usually there are such requirements for FNLMA bands for first nation land management. They also have the requirement to have a community vote with members on and off reserve. The threshold in that case is 50%, so depending on the type of.... If it's an agreement, a supplementary agreement, the threshold could be higher or lower, depending on the circumstances.

Status of Women committee  I am Karl Jacques, from legal services.

Status of Women committee  No, there's no transfer possible if a person is a non-member.

Status of Women committee  If they do have an emergency protection order, they would have the period of time for the emergency that the judge would have attributed, and they can also apply for exclusive occupation if there's a breakdown of the marriage. At that period, it would be because the relationship is terminated, and then they could apply to stay in the home for a definitive period determined by the judge, with the children, or whatever the judge or circumstances would call for.

Status of Women committee  No, the act sets out that this transfer is possible only between members.

Status of Women committee  Thank you for the question. I want to quickly come back to what the honourable member of the committee said previously. It was clear, in one of the recommendations of the departmental representative, that incorporating provincial laws by reference was excluded. Under those conditions, certainly by developing a system that applies to everyone, there will be differences from province to province.

Status of Women committee  It is important to mention that provincial laws continue to apply when it comes to the division of personal property, child care and support. The only difference between the two systems is the division of the family home and the value attributable to it. That is the only thing that will be distinct from system to system.

Status of Women committee  If I may, Madam Chair, the other recommendation was the inclusion of a provision of review of the bill after a certain period of time.

Status of Women committee  I'm not in a position to answer that question.

Status of Women committee  Thank you. The provinces have been consulted and did comment on the draft bill when it was in development.

Status of Women committee  I'll have to get back to you on this question.