Difference between revisions of "Indigenous Families"

In December 2013, the Federal Government proclaimed a new law, the ''Family Homes on Reserves and Matrimonial Interests or Rights Act''. This ''Act'' finally provides a process for dealing with family homes on reserve, during a relationship between married spouses or common-law partners, after that relationship breaks down or when a spouse or partner dies.  

The ''Act'' is divided into two parts. The first part of the ''Act'' provides a mechanism for First Nations to enact laws respecting homes on reserve. This part of the ''Act'' has been in force since December 16, 2013.

The second part of the ''Act'' came into force a year later on December 16, 2014, and provides rules to deal with homes on reserve until such time as a First Nation opts to enact its own laws to deal with homes on reserve.

Generally, this law applies to married couples and common-law spouse living on reserve, where at least one of them is a First Nation band member or First Nation person entitled to be band member or status Indian whose First Nation has not opted to take over responsibility for the management and control of their reserve lands and resources under the First Nations Land Management Act or manage their lands pursuant to a self-government agreement.

The ''Act'' sets out that spouses or common-law partners are entitled to one half of the value of the interest or right that either of them holds in the family home in the event of relationship breakdown or death of one of the spouses.

Sections 28 and 34 of the ''Act'' outline the details on how value of the family home is to be determined.  It takes into consideration the appreciation in value that may have occurred during the relationship, contributions made by each spouse and any debts or liabilities; and is typically based on the amount that a buyer would reasonably be expected to pay for comparable interests.  

While the ''Act'' provides that designated judges have the power to make emergency protection orders, the Province has decided it will not designate judges to make emergency protection orders under the ''Act'' at this time. Currently, the only protection orders available are those made under section 183 of the ''[[Family Law Act]]'', which remain available both on and off reserve.

Paragraph 14 of the ''Act'' provides that a spouse who does not hold a right or interest in the family home on reserve can stay in the home for a period of 180 days after the day on which the death of their spouse or common law partner occurs.