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} Prayer – Elder } Meeting Objectives & Introductions ◦ Chief Dan Miskokomon } Presentation ◦ Arlene Dodge & Matrimonial Real Property Team } Questions 2
} The Canadian Federal Family Homes on Reserves Act comes into full force on December 16, 2014 } Chief and Council created a working group in September to address the imposition of the upcoming federal Family Homes on Reserves Act } Walpole Island First Nation Chief & Council are seeking Community support and input into the creation of our own law 3
} The Act, once in force, will not erode the First Nation community’s land base or cause them to lose control of reserve lands. } The Provisional Federal Rules do not allow for non-Indians or non-members to acquire permanent interests in reserve lands. } Fact sheets & brochures on the federal act are available at the back } www.coermp.ca 4
} Under this Act, First Nation communities may establish laws that are specific to their culture and traditions. A First Nation law would have to be approved by a community ratification process to ensure that their law is in accordance with the community’s interests. } A community Matrimonial Real Property Law is not reviewed nor approved by the Minister of Aboriginal Affairs. Traditional practices and values vary among First Nations. } For this reason, the Provisional Federal Rules in the legislation provide for First Nations to speak to their collective, cultural and social interests when applications are before the courts. This does not apply in the case of emergency protection and confidentiality orders . 5
} In Canada, Matr trimonial Real Property ty (MRP) generally refers to the immoveable assets owned by one or both spouses, such as a house and the land on which it sits 6
} To seek input from the membership and share our proposed approach to the development of our own Matrimonial Real Property Law } Chief and Council would like the community to draft and use own law dealing with Matrimonial Property & Rights } Chief & Council need community input into the creation of a law that respects and protects the rights of our members and the community as a whole. 7
} In order to do this we have developed an engagement strategy to receive input, comments, questions, and concerns: ◦ MRP SubCommittee representatives to attend training ◦ Community meetings - 2 in January ◦ Community Circles – grandmothers, others? ◦ Community Survey – Ideas, questions, & concerns ◦ All presentations will be posted online ◦ Input from community will form the draft law (MRP Team lead, MRP SubCommittee of Council, Legal) ◦ Draft to be shared with community for feedback ◦ Final draft for community approval ◦ Community approval process 8
Some of the principles that we would like to uphold when considering the creation of our law: 1) That individuals are not the permanent owners of reserve lands but that the lands are held in trust for future generations and the collective. 2) That there are inherent responsibilities in relation to the lands and all living creatures on it. 3) When spouses separate or divorce, taking care of the best interests and welfare of children is most important. 4) Children of spouses who are ending their relationship should have the right to reside in the matrimonial home until the children reach the age of majority, or until other suitable arrangements have been made in the best interests of the children . 9
5) Spouses can make agreements to deal with their real (immovable) property when they separate or divorce. Spouses have the right to determine their affairs by agreement, with the support of their families if necessary, as long as the agreement respects the laws of the First Nation. 6) Alternative dispute resolution processes could be used in cases where an agreement between the spouses cannot be reached. Whenever possible, disputes between spouses should be resolved amicably through mediation. 7) Spouses will have access to a court of Competent Jurisdiction to resolve their property rights, entitlements and obligations upon the breakdown of their marriage or common law relationship, subject to the First Nation laws where their property rights include an interest in First Nation land. 8) Chief and Council may enforce any agreement reached between the spouses, or the decision of a court or a dispute resolution committee. 10
How should our community ty law deal with th: Effects of death of a spouse for either a surviving FN member or non- } member? Effects of separation where one or both spouses are FN members? } Emergency protection orders requested by either spouse, whether a FN } member or not? An exclusive occupation order? } Mediation? } Division of property? } Interest in lands? } 11
} Do you have any input or ideas on the strategy? } What questions would you like to see in our survey? } Are there other questions that our law should consider? } What should our community approval process be? 12
MRP Team Lead Email Account: wifnmrplaw@gmail.com 1. Community Meetings 2. Community Circles/Focus Groups – Contact Arlene or one of 3. the team members if you’d like to be a part of a focus group Comment Box – Questions, Ideas & Concerns 4. Community Survey – To be sent out in the New Year 5. Speak to the MRP Development SubCommittee Members – Rex 6. Isaac, Muriel Sampson, Daintry Kewayosh, Chris Riley 13
} MRP Team Lead Email Account: wifnmrplaw@gmail.com } Rex.isaac@wifn.org, muriel.sampson@wifn.org, chris.riley@wifn.org, daintry.kewayosh@wifn.org - MRP working group emails } www.walpoleislandfirstnation.ca - presentations, feedback, frequently asked questions, drafts, updates, etc… will all be posted here. Updates will also be posted to the Walpole Island First Nation Council Facebook Page } www.coemrp.ca - information on the federal Family Homes on Reserves Act } https://www.aadnc-aandc.gc.ca/eng/ 1100100032553/1100100032557 Aboriginal Affairs & Northern Development Canada website on Matrimonial Real Property on Reserves 14
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