Matrimonial Real Property Rights on Reserve

Practice Point

Matrimonial Real Property Rights on Reserve

The following videos are taken from the CLEBC program Matrimonial Property on Reserve that took place on Friday, June 1, 2018.

Presented in partnership with the Department of Justice Canada, Indigenous Services Canada, and the Centre of Excellence for Matrimonial Real Property.

For many years the Indian Act left a “legislative gap” respecting matrimonial real property (MRP) on reserves. Spouses living on reserves lacked typical rights and protections regarding MRP during relationships, upon breakdown or after the death of a spouse or partner.

The 2013 Family Homes on Reserve and Matrimonial Interests or Rights Act (FHRMIRA), intended to fill that gap by allowing First Nations to enact their own community-specific MRP laws. For those First Nations that do not enact their own laws, the FHRMIRA contains provisional federal rules establishing rights and protections, and allowing courts to make orders, regarding reserve land and structures on reserves.

In the morning session of this unique program, representatives from Justice Canada, Indigenous and Northern Affairs Canada, and the MRP Centre of Excellence presented a detailed overview of the legislation. In the afternoon, BC practitioners will explored the procedural and practical realities around accessing FHRMIRA rights and protections in the courts. Participants discussed how government, the courts, the legal community, and clients can all work together towards a more effective implementation of this Act.

We are pleased to share our recordings below from the Course and encourage everyone to take some time to view them: