Introduction to Matrimonial Real Property for Housing Managers Webinar Series

In 1986, the Supreme Court of Canada ruled in Derrickson v. Derrickson, and Paul v. Paul,  that provincial laws relating to matrimonial real property (MRP) cannot apply to alter individual interests in reserve lands, as these are within the jurisdiction of Parliament (“Indians, and Lands reserved for the Indians” - s. 91(24) Constitution Act, 1867). This presentation will clarify the constitutional issues identified by those cases and the measures taken to fill the legislative gap.  We will examine the components of the Family Homes on Reserves and Matrimonial Interest or Rights Act (FHRMIRA) that provide provisional federal rules (PFRs) that include remedies to spouses and common-law partners on relationship breakdown or  death.  The Housing Manager must maintain a strong awareness of the applicable legislation to ensure the balance between the rights of residents and the collective interest of the First Nation. While the provisional federal rules apply on most First Nations effective December 16, 2014, the presentation will also clarify the applicability of the those rules to First Nations managing their lands outside of the Indian Act.  Part 2 of this webinar series will provide strategies for readiness.  Finally, Part 3 of this webinar series will provide a case study of Toney v. Toney Estate, 2018 NSSC 179 as the first substantive judicial interpretation of FHRMIRA.

MRP - Part 1- Understanding the Legislation, (November 23, 2021 1:00 to 2:00 PM EST)

Participants will learn:

• The constitutional issues that led to the enactment of MRP legislation
• Provisions for First Nation law-making authority to address MRP
• Key definitions.  eg. “family home”, “interest or right”, “matrimonial interest or right”
• Key rights and remedies contained in the PFRs which apply (with some exceptions) until a First Nation enacts its own MRP Law

MRP – Part 2 – Proactive Implementation Strategies, (November 24, 2021 1:00 to 2:00 PM EST)

Participants will learn:

• Best Practices – Where do we start?
• Policy, Administrative and Governance Considerations

MRP – Part 3 – Case Study Toney v. Toney Estate, 2018 NSSC 179 (November 25, 2021 1:00 to 2:00 PM EST)

Participants will learn:

• An understanding of the facts surrounding this application to the Court.
• Key considerations that resulted in the first substantive interpretation of FHRMIRA