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Legal Topic: Aboriginal issues in Family Law

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Aboriginal Women: Marriage and Divorce

This booklet contains information on the rules about marriage in Ontario and divorce in Canada. It also discusses the legal status in Canada of marriages and divorces from other countries, and the role of Canadian family law in dealing with religious barriers to remarriage.

Available in:

English

Format:

Booklet/PDF

Produced/Updated In:

2017

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Family Law Information Program For Aboriginal Families

This video was developed by the Ontario Ministry of the Attorney General to help Aboriginal families learn about the effects of separation on children and adults and the options available to them to resolve their disputes. It covers topics such as:

Available in:

English, Français

Format:

Video

Produced/Updated In:

2016

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Protecting Women’s Rights to the Family Home on Reserves: Important Changes for both Aboriginal and non-Aboriginal Women

Recorded on March 23, 2015 – There are recent changes to the law with the goal of providing better safety, and access to the family home, for women and children living on First Nations reserves. Both Aboriginal and non-Aboriginal women have new property rights on reserve when their relationship breaks down.

Available in:

English

Produced by:

METRAC

Format:

Webinar

Produced/Updated In:

2015

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Frequently Asked Questions: On-reserve matrimonial real property

Topics covered in this section of the Centre of Excellence for Matrimonial Real Property website include:

  • Introduction
  • Estates
  • Consultations
  • First Nations Matrimonial Real Property Laws
  • Provisional Federal Rules
  • Transition Period and Coming into Force
  • Implementation

Format:

Web

Produced/Updated In:

2014

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Matrimonial Real Property on Reserves

The Canadian government developed legislation to address a long-standing legislative gap regarding matrimonial real property on reserves. The legislation called the Family Homes on Reserves and Matrimonial Interests or Rights Act received Royal Assenton June 19, 2013. The first part of the Act – the First Nation law-making mechanism – came into force by Order in Council on December 16, 2013.

Available in:

English, Français

Format:

Web

Produced/Updated In:

2014

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Understanding Matrimonial Property Rights on Reserves

On June 19, 2013, parliament passed Bill S-2, Family Homes on Reserves and Matrimonial Rights or Interests Act. The new law affects “matrimonial real property” (family property) on reserves. The law is not yet in effect; there is currently no date set for when it will come into effect. Topics covered in this resource are:

Available in:

English

Format:

Web

Produced/Updated In:

2014

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Division of Family Property on Reserve When a Relationship Ends (part 1)

This is Part 1 of a discussion on the new Family Homes on Reserves and Matrimonial Interests or Rights Act. It was presented by Emily Hill, Senior Staff Lawyer at Aboriginal Legal Services (www.aboriginallegal.ca) in Toronto, at METRAC’s October 2013 training, “When She Decides to Leave: Legal Information to Support Women at the End of a Relationship”.

Available in:

English

Produced by:

METRAC

Format:

Video

Produced/Updated In:

2013

A Woman’s Guide to Money, Relationships and the Law in Ontario

This online tool was created to help women learn about their economic rights when entering and leaving common law relationships or marriages. It includes information about different legal definitions of spouse in Ontario, spousal and child support, economic abuse, the division of property, and has tools to help women write their own cohabitation or separation agreements.

Available in:

English, Français

Format:

Web

Produced/Updated In:

2012

Why is it important to tell your lawyer you are Aboriginal?

This brochure explains why it is important for First Nation, Métis, and Inuit people to identify themselves as Aboriginal to their lawyers so their lawyers can explore the areas of law that deal with Aboriginal circumstances or rights.

Available in:

English, Français

Format:

Booklet/PDF

Produced/Updated In:

2009

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Aboriginal Women: Alternative Dispute Resolution

This booklet describes alternative dispute resolution (ADR) and provides information on when, and when not, to use ADR to deal with family law issues. There are sections explaining four kinds of ADR: negotiation, mediation, arbitration, and collaborative family law. There is a case scenario involving the Talking Together program.

Available in:

English

Format:

Booklet/PDF

Produced/Updated In:

2008

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