June 13, 2003

On-Reserve Matrimonial Real Property

I am very pleased to inform you that the Senate Standing Committee on Human Rights will undertake a short-term study on the issue of on-reserve matrimonial real property.

At present, people living on reserves have fewer legal rights and remedies regarding their matrimonial home when a marriage or common-law relationship ends than do people living off reserves. This legislative gap has proven to be problematic for parties unable to resolve disputes over the division of on-reserve matrimonial real property. The impact of this legislative gap affects all people living on reserves, including
non-Indians and non-members, with women and children being the most vulnerable to the effects.

Research conducted through Indian and Northern Affairs Canada revealed the complexity of the on-reserve matrimonial real property issue. We have learned that this matter raises the fundamental issue of how to balance the collective/community rights with the interests and rights of individuals. It also raises concerns and questions with respect to land management regimes, including custom land allotment and issues of enforcement on reserves. The document, Discussion Paper: Matrimonial Real Property on Reserve by Cornet Consulting, was sent to you in December 2002. The objective of this document is to raise awareness of the issues among First Nations people. Although it does not suggest options or solutions, it does provide useful background legal information for First Nation individuals and leadership. Based on this paper, a plain language document entitled After marriage breakdown: Information on the on-reserve matrimonial home was developed. This document was distributed widely in February 2003. Both documents are available on the INAC website at www.ainc-inac.gc.ca.

With regard to the short-term study, the Senate Standing Committee on Human Rights has been authorized to examine:

• the interplay between provincial and federal laws in addressing the division of on-reserve matrimonial property (both personal and real) and, in particular, enforcement of court decisions;
  
• land allotment on reserves, in particular with respect to custom land allotment;
  
• the status of spouses and how matrimonial real property is divided on the breakdown of the relationship; and
  
• possible solutions that would balance individual and community interests.

These topics would benefit from further research that the Senate Committee on Human Rights is in the best position to undertake. A Senate study will advance our understanding of the on-reserve matrimonial real property issue, which will facilitate the Government of Canada and First Nations’ Governments moving forward with possible solutions.

I trust that this information will be useful and I look forward to the results of the study.

Yours sincerely,

ORIGINAL SIGNED BY:

Robert D. Nault, PC, MP

c.c.: To all Chiefs and Councillors
Provincial/Territorial Organizations
National Aboriginal Organizations

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