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Our government recently passed into law the Family Homes on Reserves and Matrimonial Interests or Rights Act. This bill,which came into force in the week prior to Christmas, gives people living on reserve the legal rights and protections they have been denied for nearly three decades. As a parent and a husband, I’m pleased with this legislation. It will go far in protecting the most vulnerable in society and ending violence against women and girls. Many Canadians may not be aware that before this law was passed, a spouse who holds the interest in a family home on reserve could sell those interests without the consent of the other spouse, and keep all of the money. Canadians also may not realize that until the Family Homes on Reserves and Matrimonial Interests or Rights Act, a spouse who holds the interest in the family home could bar the other spouse from their home on reserve. Or that, in the event of domestic violence or abuse, a court could not order the spouse who holds the interest in the on-reserve family home to leave the residence, even on a temporary basis. People living on reserve should not be denied the same rights and protections as other Canadians simply because of where they live. That is simply unacceptable. Thankfully, our Government is changing that. Now that the first element of the Act has come into force, First Nations will have the opportunity to enact their own laws with regard to on-reserve matrimonial property. This means that First Nations can establish laws that will protect their members in a way that respects their culture and traditions. The second part of the Act, which comes into force one year from now, will allow federal rules to fill in the legislative gap if a First Nation has not already developed its own matrimonial real property laws. In addition, the Minister of Aboriginal Affairs and Northern Development, the Hon. Bernard Valcourt, recently announced the establishment of the Centre of Excellence for Matrimonial Real Property. This Centre will assist First Nations with understanding and applying the new Act by providing information on the rights available to individuals as well as by supporting and guiding First Nations as they develop their own matrimonial real property laws. People often say that talking about increasing protection for First Nations is one thing, but taking steps toward doing is entirely another. I’m glad I’m part of a government that is taking concrete action to eliminate violence against women and girls.-30- The audio version of Garry's February 10, 2014 op-ed column can be heard by clicking here
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