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Matrimonial Real Property Our Lands, Our Families, Our Solutions

Mandate & Background

On June 21, 2006, the Honourable Jim Prentice, Minister of Indian Affairs and Northern Development announced the federal government’s nation-wide consultation process on matrimonial real property and appointed Wendy-Grant John as his Ministerial Representative.

Minister Prentice has invited the AFN and the Native Women’s Association of Canada to identify options to address matrimonial real property issues on reserves.  The Minister directed his Ministerial Representative to work with the AFN and NWAC to help build consensus among the parties on options identified through the Minister’s nation-wide process. 

Where the parties are unable to reach consensus, the Minister has asked Ms. Grant-John to recommend options, including possible legislative solutions.

The Minister intends to table legislation on matrimonial real property in the spring of 2007.

The AFN will be participating in INAC’s process in accordance with the provisions of AFN Resolution No. 32/2006.  Resolution No. 32/2006 calls for the development of options to recognize and implement First Nations jurisdiction over matrimonial real property on reserve lands.

To facilitate the identification of options by First Nations and First Nations citizens, the AFN is coordinating and hosting nation-wide Regional Dialogue Sessions. The regional sessions will be held from November through December 2006 and will be summarized in a final report. 

Key questions that will be looked at include:

  • What are the legislative and non-legislative options for filling the legislative gap?
  • What kinds of rules would be needed to fill the gap?
  • Who should be making these rules?
  • How will these rules be enforced?
  • What else needs to be in place so that the new legislative regime effectively and appropriately addresses matrimonial real property issues on reserves?

 

We look forward to hearing your ideas as we work to resolve this important issue.

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