Matrimonial Real Property Rights on Reserve

Product Type: Course

This course has no current sessions.

DescriptionMore DetailAgenda

Working with the Family Homes on Reserve and Matrimonial Interests or Rights Act

Note: This is a FREE course!

Presented in partnership with the Department of Justice Canada, Indigenous Services Canada, and the Centre of Excellence for Matrimonial Real Property.

Friday, June 1, 2018
9:00 am – 4:00 pm 
Pan Pacific Hotel, 999 Canada Place, Vancouver
or attend via webinar

Summer Series 2018
Thursday, August 2, 2018
9:00 am - 4:00 pm via webinar 

Who should attend: Indigenous lawyers, lawyers with Indigenous clients, Legal Aid lawyers, the judiciary, lawyers practicing in government, lawyers practicing in the areas of family, wills, and estates, and members of Indigenous organizations

Learning level: All levels

For many years the Indian Act left a "legislative gap" respecting matrimonial real property (MRP) on reserves. Spouses living on reserves lacked typical rights and protections regarding MRP during relationships, upon breakdown or after the death of a spouse or partner.

The 2013 Family Homes on Reserve and Matrimonial Interests or Rights Act (FHRMIRA), intended to fill that gap by allowing First Nations to enact their own community-specific MRP laws. For those First Nations that do not enact their own laws, the FHRMIRA contains provisional federal rules establishing rights and protections, and allowing courts to make orders, regarding reserve land and structures on reserves.

In the morning session of this unique program, representatives from Justice Canada, Indigenous and Northern Affairs Canada, and the MRP Centre of Excellence will present a detailed overview of the legislation. In the afternoon, BC practitioners will explore the procedural and practical realities around accessing FHRMIRA rights and protections in the courts. Participants will dialogue about how government, the courts, the legal community, and clients can all work together towards a more effective implementation of this Act.

Law Society of BC CPD Hours: 6 hours (including a minimum of 1 hour pertaining to professional responsibility and ethics, client care and relations, and/or practice management)

Course Chairs 
Bonnie M. Leonard — Shuswap Nation Tribal Council, Kamloops
Andrew Ouchterlony —Department of Justice, INAC Legal Services, Gatineau

Webinar Archive: This course will be added to the Webinar Archive. See below to subscribe.

*Lunch is included for in person registrants

CLEBC Program Lawyer*
Teresa Sheward

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