Matrimonial Real Property

Overview

The term “matrimonial real property” refers to the house or land that a couple lives on or benefits from while they are married or in a common law relationship. In 1986, the Supreme Court of Canada ruled that provincial and territorial laws on matrimonial real property do not apply to reserve land.

The Indian Act also does not contain any laws that apply to MRP on reserve land. This gap in the law has had serious consequences, especially for women who live on reserve after their marriage. When a marriage or relationship ends, couples who live on reserve cannot use any laws to help them carry out their plans if they agree on how to deal with their matrimonial real property.

If the couple does not agree on how to deal with their matrimonial real property, there is no law they can use to help them resolve this dispute. This lack of legal clarity and protection also means that women who are experiencing violence, or who have become widowed, may lose their homes on the reserve. The Native Women’s Association of Canada understand that this gap in the law harms Aboriginal women and children more often than Aboriginal men. Women and children who have to move away from the reserve lose the support and help of their families, friends, and community. They also lose their access to benefits and programs that are only available to people living on reserve.The entire community will miss the women and her children’s contributions as well, if they have to move away from the reserve. NWAC found community based solutions to the issue.

It is important to understand that the problems that exist were developed because of federal legislation and policies (or the lack of legislation and policies) that discriminated against Aboriginal Peoples. This discrimination impacted both the individual and the family level, removing their preferred means to structure families and communities.

NWAC tried to find solutions to this problem and released its recommendations in its document: “People’s Report: What We Heard.” The report outlines what NWAC heard as we listened to women, men, youth and Elders across the country. It is our hope that the outlined recommendations will be heard and carried out by the federal government to adequately deal with the issue once and for all.