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Difference between revisions of "Indigenous Families"
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Aboriginal people who are dealing with a family law problem face some particular issues. Some involve cultural concerns while others stem from the federal government's Indian Act. | |||
This section addresses these issues briefly. However, for more complete information I strongly encourage you to consult with a family law lawyer. | This section addresses these issues briefly. However, for more complete information I strongly encourage you to consult with a family law lawyer who has expertise in Aboriginal law. | ||
This section look at issues | This section look at issues specific to Aboriginal people that relate to the care and control of children, calculating the amount of child and spousal support payments, and dividing family property and family debt. | ||
==The care of children== | ==The care of children== | ||
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===Access, parenting time and contact=== | ===Access, parenting time and contact=== | ||
The same concerns relating to a child's Aboriginal ancestry that apply to determining custody under the ''[[Divorce Act]]'' will also come up in determining access, as well as parenting time and contact under the ''[[Family Law Act]]'', especially where one of the parents isn't Aboriginal. | The same concerns relating to a child's Aboriginal ancestry that apply to determining custody under the ''[[Divorce Act]]'', will also come up in determining access, as well as parenting time and contact under the ''[[Family Law Act]]'', especially where one of the parents isn't Aboriginal. | ||
Aboriginal children have the right to keep a connection to their culture and heritage. This may influence the parenting schedule an Aboriginal parent has, and where a non-Aboriginal parent may exercise a parenting schedule. It may also result in the court extending contact to a third party, such as an elder or another family member, who will keep the child in touch with his or her culture. | Aboriginal children have the right to keep a connection to their culture and heritage. This may influence the parenting schedule an Aboriginal parent has, and where a non-Aboriginal parent may exercise a parenting schedule. It may also result in the court extending contact to a third party, such as an elder or another family member, who will keep the child in touch with his or her culture. | ||
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Dividing property can be a bit of a problem for Aboriginal spouses when real property on reserve is involved. | Dividing property can be a bit of a problem for Aboriginal spouses when real property on reserve is involved. | ||
In a nutshell, the ''[http://laws-lois.justice.gc.ca/eng/Const/index.html Constitution Act]'' gives the federal government exclusive authority over laws relating to | In a nutshell, the ''[http://laws-lois.justice.gc.ca/eng/Const/index.html Constitution Act]'' gives the federal government exclusive authority over laws relating to Aboriginal people and reserve lands. | ||
This means that the provincial government cannot make laws that deal with | This means that the provincial government cannot make laws that deal with Aboriginal people and that in some circumstances provincial laws do not apply on reserve lands. The problem here, from a family law point of view, is that since the federal government cannot pass laws dealing with personal property and real property (only the provincial governments can), and since the provincial governments cannot pass laws dealing with members of Canada's First Nations or their lands (only the federal government can), the ''[[Family Law Act]]'' can't be used to divide an interest in real property on reserve lands. | ||
Making matters worse, people living on reserves generally don't own their property the way that off-reserve property can be owned. The only kind of ownership individuals on reserve lands can have is a Certificate of Possession that gives the owner the right to occupy the land but not the legal title to that land. | Making matters worse, people living on reserves generally don't own their property the way that off-reserve property can be owned. The only kind of ownership individuals on reserve lands can have is a Certificate of Possession that gives the owner the right to occupy the land but not the legal title to that land. | ||
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== | ==Page resources and links== | ||
===Legislation=== | ===Legislation=== | ||
