Discussion Paper: Matrimonial Real Property on Reserve

Headings: 
Title: 
Discussion Paper: Matrimonial Real Property on Reserve
Document Type: 
Government Bodies
Reference: 
Indian and Northern Affairs Canada (November 2002)
Annotation: 
This paper focuses on the key legal issues concerning matrimonial real property on First Nations reserves in Canada and the broader policy context. One of the main points addressed in the article is how reforms to matrimonial real property should respect the cultural interests of First Nations groups. In this vein, the report addresses how this question should be dealt with within the context of other land issues on reserves. The report begins with a review of the historical and constitutional context of this issue before examining the distinct legal regimes which govern matrimonial real property in Canada. In conclusion, the report points to the gaps within the current state of the law and emphasizes the need for specific legal remedies to this situation. [Descriptors: Indigenous Women, Canada]