“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.
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.
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.