Recorded:2019-05-01
Qualifies for 4 CPD hours all of which qualifies for Ethics

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 and the Centre of Excellence for Matrimonial Real Property will present the background and a detailed overview of the legislation. Following a short refreshment break, attendees will be offered a scenario-based presentation with an interactive discussion. In the afternoon, a
Saskatchewan based practitioner will present on their perspective and experience of this topic, highlighting Saskatchewan-specific practice considerations. Overall, participants will learn how government, the courts, the legal community, and clients can all work together towards a more effective implementation of this Act.

Presenters: Andrew Ouchterlony, Kathy McCue, Shayne McDonald and Kimberly Stonechild

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