Does the Agreement address matrimonial real property issues?
The Indian Act does not include provisions for the division of matrimonial real property in the event of marital breakdown. Provincial law is also limited on reserve with regard to these issues. The AGA provides an opportunity to address this legislative gap. It specifies that the First Nations will develop rules and procedures to address matrimonial real property, specifically with respect to the use, occupation and possession of reserve land and the division of interests in reserve land in cases of marriage breakdown. Under the AGA, this would occur within one year of the coming into force of the Agreement.
