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Bill S-4 - MATRIMONIAL REAL PROPERTY ON RESERVE (MRP)

Matrimonial Real Property on Reserve refers to land and assets owned by status Indians or band members who are married or live in common law on reserve. As Indian lands are federal jurisdiction under section 91(24) of the Constitution Act, 1867, provincial and territorial laws cannot be applied to lands or property on reserve upon the breakdown of a marriage.

Under the Indian Act, 1985, bands have the authority to enact residency by-laws and by-laws relating to spouses of band members, but not all have. Additionally, most of these by-laws do not address the specific issues around property division around marriage break-down. Therefore, Canada had decided to fill this legislative gap by introducing Bill S-4 which is called: Family Homes on Reserve and Matrimonial Interests or Rights Act.

Bill S-4 has not been passed into law yet. It is still being studied in the Senate. This is not the first time that Canada has tried to enact similar legislation.

The first attempt was with Bill C-47 entitled An Act respecting family homes situated on First Nation reserves and matrimonial interests or rights in or to structures and lands situated on those reserves which was introduced on March 4, 2008.

The second attempt was with Bill C-8 which was entitled An Act respecting family homes situated on First Nation reserves and matrimonial interests or rights in or to structures and lands situated on those reserves and was introduced on February 2, 2009.

Indian and Northern Affairs Canada's (INAC's) webiste contains background information about Bill S-4:

http://www.ainc-inac.gc.ca/br/mrp/ip/index-eng.asp

Additionally, a copy of the bill can be found at the following link:

http://www2.parl.gc.ca/HousePublications/Publication.aspx?Docid=4398597&file=4

Bill S-4 had its first reading on March 31, 2010 and its second reading on May 5, 2010 and is currently before the Senate's Standing Committee on Human Rights.

The following is INAC's Discussion Paper on MRP written by Wendy Cornet:

http://www.ainc-inac.gc.ca/br/mrp/pubs/discp/discp-eng.pdf

INAC information on MRP: After Marriage Breakdown:

http://dsp-psd.pwgsc.gc.ca/Collection/R2-261-2003E.pdf

Native Women's Association of Canada's report entitled: Reclaiming Our Way of Being: Matrimonial Real Property Solutions:

http://www.travel-net.com/~nwacweb/en/documents/NWACMatrimonialReportDraft4_Eng.pdf

The Scow Institute's Fact Sheet on MRP:

http://www.scowinstitute.ca/library/documents/Matrimonial_Property_-_Fact_Sheet.pdf

2004 Standing Committee Report on MRP entitled: On-Reserve Matrimonial Real Property: Still Waiting:

http://www.parl.gc.ca/38/1/parlbus/commbus/senate/com-e/huma-e/rep-e/rep04dec04-e.htm

2003 Senate Report: A Hard Bed to Lie In: Matrimonial Real Property on Reserve:

http://www.parl.gc.ca/37/2/parlbus/commbus/senate/com-e/huma-e/rep-e/rep08nov03-e.pdf