Federal government to amend divorce laws on reserves

NEWS RELEASE

INDIAN AND NORTHERN AFFAIRS CANADA

************************* Government of Canada reintroduces legislation to provide matrimonial real property rights on reserves

OTTAWA, ON - The Honourable Chuck Strahl, minister of Indian affairs and Northern development and federal interlocutor for Métis and Non-Status Indians, yesterday reintroduced the Family Homes on Reserves and Matrimonial Interests or Rights Act legislation addressing the issue of matrimonial real property on reserves.

"Our government is taking action with legislation that will provide an immediate and effective solution to this long-standing legislative gap," said Minister Strahl. "First Nation citizens should have access to rights and protections similar to those enjoyed by other Canadians. Moving forward with this bill is the right thing to do."

Through a federal regime the proposed legislation seeks to provide basic rights and remedies on fair division of the family home to on-reserve individuals facing the breakdown of a relationship or death of a spouse.

First Nations will also have the opportunity to enact their own laws respecting matrimonial real property.

The proposed legislation was first introduced in March 2008 and was debated at second reading and referred to committee in May 2008.

As a result of the dissolution of Parliament on September 7, 2008, the bill died on the order paper before committee study had begun.

The proposed legislation will improve the level of protection for people living on-reserve, while balancing the individual and collective rights of First Nations communities.

It upholds the commitment of the Government of Canada to improve the quality of life for First Nations people, specifically, women, children and families.

For background information on the act, please click here.

For answers to frequently asked questions about the act, please click here.

*************************