Are rights and remedies under the provisional federal rules similar to rights and remedies in provincial/territorial legislation?
The proposed federal legislation is based on common elements, as found in various provincial and territorial matrimonial real property regimes. However, not all of these elements are appropriate on reserves, due to the inalienability and collective nature of reserve lands. Few direct comparisons can be made between the uniquely collective nature of land and housing on reserves, and off-reserve land-holding systems and home ownership. About half of all First Nations allot reserve land by custom, outside of the Indian Act, and the majority of reserve housing is owned by First Nation bands.
Related Questions
- Are rights and remedies under the provisional federal rules similar to rights and remedies in provincial/territorial legislation?
- Would the rights and obligations flowing from a federal registry apply to provincial and territorial statutes?
- How can the rights and remedies provided under the provisional federal rules of the proposed Act be accessed?
