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Difference between revisions of "Aboriginal Law"
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→How does family law apply to Aboriginal people?
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The ''Family Law Act'' deals with parenting arrangements, child and spousal support, and division of matrimonial property after family breakdown. But the parts of this law dealing with matrimonial property do not apply on reserve lands. | The ''Family Law Act'' deals with parenting arrangements, child and spousal support, and division of matrimonial property after family breakdown. But the parts of this law dealing with matrimonial property do not apply on reserve lands. | ||
However, on December 16, 2013, the first part of a law called ''[http://www.parl.gc.ca/content/hoc/Bills/411/Government/S-2/S-2_4/S-2_4.PDF Family Homes on Reserves and Matrimonial Interests or Rights Act]'' took effect. Under it, First Nation communities can make their own matrimonial real property laws. Other parts of the law take effect on December 16, 2014. If communities haven’t made their own laws by then, federal provisional rules will apply, until communities do so. [https://www.aadnc-aandc.gc.ca/eng/1100100032553/1100100032557 Aboriginal Affairs and Northern Development Canada] has more on this. So does the [http://www.coemrp.ca/ Centre of Excellence for Matrimonial Real Property] (hosted by the National Aboriginal Lands Managers Association). | However, on December 16, 2013, the first part of a law called ''[http://www.parl.gc.ca/content/hoc/Bills/411/Government/S-2/S-2_4/S-2_4.PDF Family Homes on Reserves and Matrimonial Interests or Rights Act]'' took effect. Under it, First Nation communities can make their own matrimonial real property laws. Other parts of the law take effect on December 16, 2014. If communities haven’t made their own laws by then, federal provisional rules will apply, until communities do so. [https://www.aadnc-aandc.gc.ca/eng/1100100032553/1100100032557 Aboriginal Affairs and Northern Development Canada] has more on this. So does the [http://www.coemrp.ca/ Centre of Excellence for Matrimonial Real Property] (hosted by the [http://www.nalma.ca/ National Aboriginal Lands Managers Association]). | ||
Also, other rules may apply if an Indian band or First Nation has signed a modern treaty or has a matrimonial property regime under the ''First Nations Land Management Act''. | Also, other rules may apply if an Indian band or First Nation has signed a modern treaty or has a matrimonial property regime under the ''First Nations Land Management Act''. | ||
