EmailMe Form - MATRIMONIAL REAL PROPERTY LAW COMMENTS

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SUMMARY OF LAW

PREAMBLE: Outlines our beliefs and ways that we feel Matrimonial Real Property should be handled in the case of a marriage breakdown. This will only deal with the land and house that the couple resided in while married.

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PURPOSE: outlines the reasons for the law and what we want it to accomplish.

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DEFINITIONS: provides definitions to words and phrases so everyone has the same understanding.

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SECTION 1. APPLICATION OF THE LAW: defines who the law applies to and how the law will be applied.

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SECTION 2. NON-APPLICABLE MATTERS: Defines what the law will not deal with.

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SECTION 3. DOMESTIC CONTRACTS: Will be upheld if a contract was agreed to and signed by both parties prior to the breakup.

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SECTION 4. COMPULSORY FIRST NATION MEDIATION: If the couple cannot come to some agreement on their own, they would have to go to a mediator to try and come to an agreement before they could take their case to the Tribunal or Court.

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Section 5. Appeal Board: Until the Tribunal System is established through the Union of Ontario Indian, the Appeal Board in place in Pikwakanagan would hear cases.

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SECTION 6 A. ACCESS TO THE ANISHNABEK NATION TRIBUNAL & COMMISSION: The Tribunal members have been trained. Templates are now being developed. Should we allow the Provincial Court to rule on Matrimonial Real Property in accordance with our law and not provincial laws? It also outlines what is to be taken into consideration when reviewing the case and what authority they have in determining a case.

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SECTION 6 B. MATRIMONIAL HOME: This section deals with how the home will be dealt with.

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SECTION 7. GENERAL PROVISIONS: defines the right of possession.

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SECTION 8. ENACTMENT AND AMENDMENTS: Outlines how the law will be accepted and then amended if required.

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