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.
The Centre of Excellence is pleased to share our latest video series. We hope you find these short videos useful and that First Nations & other stakeholders will utilize these videos in training and presentations as they pertain to law development or understanding the provisional federal rules.
This is a series of short videos that will provide information about the Family Homes on Reserve and Matrimonial Interest or Rights Act (“FHRMIRA”).
The series include:
Video #1 Why
Canada Enacted The Family Homes on Reserve and Matrimonial Interest or Rights
Video #2 FHRMRA
Authorizes First Nations to Enact Their Own MRP Law for the Community
Video #3 The
Provisional Federal Rules and the Rights of Spouses and Common-Law Partners
Upon Breakdown of the Relationship
Video #4 The
FHRMIRA and the Rights of a Surviving Spouse or Common-law partner Upon the
Death of Their Spouse or Common-Law Partner
Video #5 FHRMIRA
and Valuation Provisions
Video #6 Using
alternate dispute resolution mechanisms
or domestic agreements to help settle matrimonial real property issues