The Centre of Excellence is pleased to share our latest research report video based on the report created by Arbutus Law Group LLP:
“A Report on First Nations Law-Making & Implementation Experience when enacting Matrimonial Real Property Laws under the Family Homes on Reserves and Matrimonial Interests or Rights Act”
This video reviews the law-making and implementation experiences, as well as lessons learned and best practices of those First Nations who have enacted matrimonial real property laws (“MRP Laws”) under the Family Homes on Reserves and Matrimonial Interests or Rights Act (“FHRMIRA”).
This video is based on the research report created by Larry Chartrand, B.Ed., LL.B., LL.M examining the interaction and application of the Family Homes on Reserves and Matrimonial Interests or Rights Act (FHRMIRA) within the context of Quebec. Quebec’s family law is governed by the Quebec Civil Code.
This video identifies:
1) the differences that exist between FHRMIRA and the Civil Code and,
2) whether Quebec matrimonial law will prevail over the provisions of the FHRMIRA and,
3) whether the interim provisions of FHRMIRA and First Nations matrimonial laws created pursuant to the Act will be enforceable by Quebec courts.
“Research Report on the implementation of Section 16 of the Family Homes on Reserves and Matrimonial Interests or Rights Act” presented to COEMRP examines the implementation of Emergency Protection Orders (EPOs) that may be obtained pursuant to the provisional federal rules of the Act. These Emergency Protection Orders allow a court with a designated judge (designated by the province) to order that a spouse or common-law partner be excluded from the family home on an urgent basis in situations of family violence. This report will address the status of the implementation of section 16 of the Act by the provinces.