Ottawa, Ontario (March 31, 2010) –The Government of Canada today introduced in the Senate legislation to resolve the longstanding issue of on-reserve matrimonial real property.
"This Government is taking action to address the longstanding issue of on-reserve matrimonial real property," said Minister Strahl. "First Nations people living on-reserve are deprived of rights and protections just because of where they live. In 2010, it is unacceptable that such inequity still exists."
"The effects on families and communities can be traumatic. Currently, there is no legal safety net to prevent First Nation individuals from being expelled from their family home if their spouse dies, or if the marital relationship ends," added Minister Strahl. "As a result, many First Nations individuals, particularly women and children, are left in dire situations that can lead to homelessness and poverty."
In 1986, the Supreme Court of Canada confirmed many of the legal rights and protections relating to matrimonial real property available off reserves do not apply on reserves because reserve lands fall under federal jurisdiction.
The proposed legislation would provide immediate protections on the fair division of the family home to residents living on-reserve when facing the breakdown of a relationship or death of a spouse. It would also provide protection in instances of family violence through measures such as emergency protection orders.
The proposed legislation also includes a mechanism for First Nations to develop their own matrimonial real property laws. The content and structure of a community-specific matrimonial real property law would be agreed upon by the citizens of a First Nation and the First Nation government, with no federal government involvement.
"This proposed legislation offers a balanced solution to a longstanding and complex issue. The impacts of the legislative gap have been the loss of: family homes, financial security, and physical safety as well as the loss of support from family and community when individuals are forced to leave their homes," said Senator Ruth, who is sponsoring the proposed legislation in the Senate. "Residents of First Nation communities have waited far too long for the elimination of an inequity that continues to claim new victims and causes much pain and suffering. It is time we put an end to this injustice."
The proposed legislation would apply to approximately 600 reserve communities, affecting more than 75,000 individuals who are currently without legal matrimonial real property protections.
For more information, please contact:
Minister's Office
Office of the Honourable Chuck Strahl
Press Secretary
819-997-0002
Media Relations
Indian and Northern Affairs Canada
819-953-1160
