In Canada, matrimonial real property (MRP) generally refers to the immoveable assets owned by one or both spouses, such as a house and the land on which it sits.

In 1986, the Supreme Court of Canada confirmed in Derrickson v. Derrickson, that when a conjugal relationship breaks down, courts cannot apply provincial or territorial family law to deal with the family home or other real property on reserve held by one or both spouses or partners because reserve lands fall under federal jurisdiction.

As a result, many of the legal rights and remedies relating to matrimonial real property available off reserves are not available to individuals living on reserves.

This bill addresses a long-standing legislative gap as provincial/territorial family law does not apply on reserves with respect to the family home and matrimonial interests or rights. Until matrimonial real property laws are in place, spouses or partners living on reserve will face in the event of separation, divorce or death, the reality that the law does not protect their matrimonial real interests and rights.

Legislative Initiative

In partnership with Aboriginal people and groups, Indian and Northern Affairs Canada (INAC) developed proposed legislation to eliminate the legislative gap. This proposed legislation is called Family Homes on Reserves and Matrimonial Interests or Rights Act.

Contact Us

Indian and Northern Affairs Canada
Gender Issues Directorate
Les Terrasses de la Chaudière
5th floor, room 5-B-02
10 Wellington Street
Gatineau (Hull) QC K1A 0H4
Tel.: (toll-free) 1-800-567-9604
E-mail: mrp-bim@ainc-inac.gc.ca