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Matrimonial Real Property Rights in First Nations Communities: A Statistical Profile

The Conference Board of Canada, 83 pages, May 16, 2018
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This report summarizes the current state of matrimonial real property (MRP) rights in Canada’s First Nations communities. It seeks to understand how recent MRP rights under the Family Homes on Reserves and Matrimonial Interests or Rights Act (FHRMIRA) are being implemented on reserves across Canada.

Document Highlights

In December 2013, the Family Homes on Reserves and Matrimonial Interests or Rights Act (FHRMIRA) introduced measures to support residents of First Nation reserves during the breakdown of a spousal or common-law relationship. This report includes the law’s intended purpose, the populations it impacts, and the challenges and opportunities surrounding its implementation. As well, the report summarizes the current state of matrimonial real property (MRP) rights in Canada’s First Nations communities. It seeks to understand how recent MRP rights under FHRMIRA are being implemented on reserves across Canada. The report also assesses the availability of relevant justice services and other critical supports, particularly with respect to the protections FHRMIRA offers to victims of family violence. Because many rural and remote First Nations residents must travel long distances to access relevant justice and legal services, this report examines the availability of broadband Internet. The report concludes with six policy measures that suggest ways to strengthen the role of matrimonial property rights and introduce additional measures to support First Nations-led solutions for implementing MRP laws and associated interventions when family violence is a concern.

Table of Contents

Executive Summary

Chapter 1—The Family Homes on Reserves and Matrimonial Interests or Rights Act: Why, What, and Where?

  • Applying First Nations Law-Making Provisions

Chapter 2—FHRMIRA’s Provisions Against Domestic Violence

  • Putting FHRMIRA’s Domestic Violence Provisions Into Context

Chapter 3—First Nations Access to Justice Services

  • Distance From Communities to the Nearest Population Centre With a Courthouse
  • Remoteness and the Proximity of Justice Services: Police Stations, Law Offices, and Health Services
  • Broadband Internet Availability in First Nations Communities
  • Summary of Findings

Chapter 4—Conclusion

  • Recommended Policy Measures

Appendix A—A Profile of Indigenous Domestic Violence in Canada

  • Statistical Profile of Violence Facing Indigenous People

Appendix B—List of Non-Reserve First Nations Communities

Appendix C—Bibliography

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Price: $0
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