What is the on-reserve matrimonial real property issue?
On-reserve matrimonial interests or rights include a couple’s family home and other matrimonial interests or rights. The Supreme Court of Canada has confirmed that courts cannot apply provincial or territorial family laws on reserves if doing so would alter individual interests in matrimonial real property on reserves. Further, the Indian Act is silent on this issue. As a result, many of the legal rights and remedies relating to matrimonial interests or rights that are applicable off reserves are not available to individuals on reserves. There is a broad recognition that resolution of this urgent issue is long overdue, and litigation has been filed on this matter. Several parliamentary committees and other domestic and international bodies have studied the issue and consistently recommended legislative action.
