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

Arbutus Law Group LLP has been commissioned by COEMRP  to review the law-making and implementation experiences 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”). In particular, the COEMRP asked Arbutus Law Group to interview individuals closely involved in the drafting, ratification and implementation of these matrimonial real property laws, and to draft a report looking at the lessons learned and best practices related to:

  • How best to streamline the MRP Law-development process, while ensuring it is specific and personalized to each First Nation’s needs;
  • What have been the most effective ways to inform and involve community members in MRP Law development;
  • How to best ensure that, after all the hard work of drafting an MRP Law, a First Nation successfully ratifies its MRP Law;
  • What policies are required to fulfill the intended matrimonial real property regime, in addition to the MRP Law;
  • How does the MRP Law impact the First Nation’s other laws and policies;
  • Which processes should a First Nation put in place to fully implement an MRP Law; and
  • What are the administrative needs to support the MRP Law.

Read the full report here.

Applying for an Exclusive Occupation Order for a Family Home on Reserve

COEMRP is pleased to provide a series of self help guides entitled “Applying for an Exclusive Occupation Order for a Family Home on Reserve” (one per province) that assist individuals in a relationship breakdown who are looking to apply for an Exclusive Occupation Order under Section 20 of the Family Homes on Reserves and Matrimonial Interests or Rights Act. Click here to view.

 

Note: An Exclusive Occupation Order (EOO) is a court order that provides one spouse or common-law partner (whether or not they are a First Nation member or an Indian as defined under the Indian Act) short to long term occupancy of the family home on reserve to the exclusion of the other spouse or common-law partner. This could apply even if the home is owned by the First Nation.

The duration of this order could range from a set number of days to a longer period e.g., until dependent children reach the age of majority.

MRP Toolkit Training : Register Today!

“What Happens To My Family Home On-Reseve When my Relationship Ends or My Spouse Dies?”

Chiefs, Councillors, Lands, Housing, Social Services or other designated staff, please register for one of the following MRP Toolkit Training Sessions:

Kenora, Ontario – January 31-February 2, 2017
Timmins, Ontario – January 31-February 2, 2017
Vancouver, British Columbia – February 14-16, 2017

Sponsorship is available up to $2500.00 per First Nation.
Register here

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