No legislation governs the division of matrimonial real property on First Nation reserves. This analysis of land title and reserve characteristics finds that more women live off-reserve than their proportion in the band population, supporting tlhe contention that women are disadvantaged in retaining the matrimonial home. This disadvantage is associated with a large reserve population, more male title holders, a majority of band members residing on-reserve, more otherband members residing on-reserve, the reserve's remoteness, the use of INAC land re,gistry systems, INAC funding for women's shelters, and the land management regime. Alternatives to address the legislative gap arid to assign occupancy of the marital home are evaluated. Federal legislation is recommended in the short-term, and self-government agreements and land codes for the long term. The occupancy of the marital home should be determined considering first the well-being of any children, followed by the well-being of the community and the individuals.
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