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  • Because of the historical restrictions in the Indian Act, when couples who are separating or divorcing and agree on how to deal with their matrimonial real property, they do not have a comprehensive legal framework within which they can give effect to their intentions. Where couples do not agree, there is no mechanism for resolving their disputes. Many of these couples are attending provincial courts to obtain court orders for an equal division of their assets and find out that the courts will not and cannot address the situation of the property on reserve because of jurisdictional squabbling. That's the issue that NWAC is trying to find solutions to the fact that many women and their children are suffering because it is the women and children who are forced out of their family homes. It is the women and children who are the most affected because of the housing crises on reserve. It is the women and children who have to try to find places to stay, whether it's with their own families, in shelters (of which there are only 36 shelters on reserve) or have to move to an urban centre mostly with no financial resources. This is where the cycle again occurs because most of these women live in poverty and end up in the most poverty-stricken areas of urban centres causing even more risk to their families.

  • It is time to set the record straight on the Native Women's Association of Canada's position on matrimonial real property (MRP). I am frustrated when the media are blindly led to write clearly biased reports without getting all of the facts ("Proposed changes would boost women's property rights", Leader Post, April 24). Beginning in October 2006, the NWAC heard ideas, opinions and solutions from aboriginal women who have been directly impacted by the lack of legal recourse to the equal division of their matrimonial home on reserve. I was encouraged to learn about the resilience of the women we heard from. NWAC totally supports her report and, in fact, supports the fact that First Nations have a continued inherent right to their lands and territories. The aboriginal women with whom we consulted reiterated this as well.

Last update from database: 3/12/25, 11:50 PM (UTC)

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