Report on First Nations Law-Making & Implementation Experience when enacting Matrimonial Real Property Laws under the Family Homes on Reserves and Matrimonial Interests or Rights Act

Arbutus Law Group LLP has been commissioned by COEMRP  to review the law-making and implementation experiences of those First Nations who have enacted matrimonial real property laws (“MRP Laws”) under the Family Homes on Reserves and Matrimonial Interests or Rights Act (“FHRMIRA”). In particular, the COEMRP asked Arbutus Law Group to interview individuals closely involved in the drafting, ratification and implementation of these matrimonial real property laws, and to draft a report looking at the lessons learned and best practices related to:

  • How best to streamline the MRP Law-development process, while ensuring it is specific and personalized to each First Nation’s needs;
  • What have been the most effective ways to inform and involve community members in MRP Law development;
  • How to best ensure that, after all the hard work of drafting an MRP Law, a First Nation successfully ratifies its MRP Law;
  • What policies are required to fulfill the intended matrimonial real property regime, in addition to the MRP Law;
  • How does the MRP Law impact the First Nation’s other laws and policies;
  • Which processes should a First Nation put in place to fully implement an MRP Law; and
  • What are the administrative needs to support the MRP Law.

Read the full report here.