Workshops and Webinars

This First Nations Housing and Community Engagement webinar series will explore why and when to consider an engagement process and how to plan for an effective outcome.  We will also examine different strategies for community engagement, compiling the information gathered, and next steps. 

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.