CASELAW REVIEW

We have just posted the research report – CASELAW REVIEW OF THE FAMILY HOMES ON RESERVE AND MATRIMONIAL RIGHTS AND INTERESTS ACT

It has now been close to 5 years since the coming into force of the Provisional Federal Rules of FHRMIRA and close to 6 years since the coming into force of the law-making powers in the Act. This report dives into the treatment of FHRMIRA by the courts since it’s adoption in order to:

• review the courts’ interpretation of FHRMIRA;
• analyze how it has been used to create fair and just results for individuals following a separation or death;
• consider how and whether FHRMIRA has successfully balanced individual rights with the collective interests of First Nations;
• compare judgments since FHRIMRA came into force with certain pre-FHRMIRA cases to see the differences or similarities in the results; and finally, to
• discuss some of the issues that the courts and communities will have to address as we move forward to ensure that FHRMIRA can have the positive impact that its drafters and Parliament intended.