Family Homes on Reserves and Matrimonial Interests or Rights Act

March 24, 2008

Dear Editor,

As painful as going through a relationship breakdown may be, for most Canadian couples there is at least the assurance that their rights to equal distribution of the assets of the relationship are protected under provincial or territorial law.   However, if you happen to be living on a reserve governed by the Indian Act when your relationship goes bad, you could end up on the street.

The reason is simple: the Indian Act is silent on the issue of matrimonial real property rights and provincial/territorial laws relating to this issue cannot be applied on reserves. The result is an intolerable and inexcusable gap that continues to affect women, children, and families living on reserves.

The Government of Canada is taking concrete, practical action to remedy this issue as quickly as possible by introducing the Family Homes on Reserves and Matrimonial Interests or Rights Act.  This legislation is intended to provide rights and remedies to on-reserve residents until First Nation communities can themselves develop community-specific laws.

Over the summer and early fall of 2007, the federal government worked with the Native Women’s Association of Canada, the Assembly of First Nations, and the Ministerial Representative on a draft legislative solution. The result of this collaborative engagement is a much-improved bill.
 
Given that women, children and families continue to be affected by this intolerable legislative gap, this Government must act.  We made a commitment to put an end to this inexcusable situation and I’m happy that we have taken practical action to provide a solution that will do just that.

Sincerely,

Brian Jean
Member of Parliament, Fort McMurray – Athabasca