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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. | Aboriginal people who are dealing with a family law problem may face some particular issues. Some of them 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 who has expertise in Aboriginal law. | 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. | ||
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This means that the provincial government cannot make laws that deal with First Nations 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. | This means that the provincial government cannot make laws that deal with First Nations 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 | Making matters worse, people living on reserve 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. | ||
However, if a treaty First Nation has negotiated the right to dispose of reserve lands, the rules are a bit different and the court may be able to make orders about real property on reserve lands. Section 210 of the ''[[Family Law Act]]'' says this: | However, if a treaty First Nation has negotiated the right to dispose of reserve lands, the rules are a bit different and the court may be able to make orders about real property on reserve lands. Section 210 of the ''[[Family Law Act]]'' says this: | ||
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This section is only a <span class="noglossary">brief</span> sketch of some of the special issues that Aboriginal people might have to deal with in the course of a family law dispute. If you have a problem touching on one of these areas, you should get advice from a lawyer. | This section is only a <span class="noglossary">brief</span> sketch of some of the special issues that Aboriginal people might have to deal with in the course of a family law dispute. If you have a problem touching on one of these areas, you should get advice from a lawyer. | ||
You may be able to get legal help from your local Friendship Centre or an Aboriginal Community Legal Worker. Look for these agencies on [http://www.clicklaw.bc.ca/helpmap/search?k=aboriginal& http://www.clicklaw.ca] using the HelpMap feature to find help near to where you are. | |||
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==Further Reading in this Chapter== | ==Further Reading in this Chapter== | ||