The Family Homes on Reserves and Matrimonial Interests or Rights Act

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Presentation transcript:

The Family Homes on Reserves and Matrimonial Interests or Rights Act COEMRP Advisory Committee Meeting Update September 20, 2016

Evaluation of the MRP Implementation Support Program A horizontal evaluation of the MRP Implementation Support Program, will be undertaken in 2016-2017. The evaluation will be an evidence-based assessment of the awareness raising, training and capacity building activities that support the implementation and enforcement of the Act. As part of the program evaluation the work done by Indigenous and Northern Affairs Canada, Public Safety Canada, the Royal Canadian Mounted Police, and the Centre of Excellence for Matrimonial Real Property will be evaluated. Case studies will also be done to look at the effectiveness of program implementation.

Guidelines for Federal Negotiators The Guidelines for Federal Negotiators are intended to provide more specific direction on how to approach the question of jurisdiction over matrimonial property issues in self-government negotiations. Final approval will take place before the end of the fiscal year.

Departmental training and awareness for Lands and Estates officers MRP Team: Facilitated departmental training and workshop of the Lands/Estates/MRP Working Group to discuss the application of the Provisional Federal Rules to previously exempted First Nation Land Management communities. Updated the GCPedia page with information about the Act and an internal briefing deck on the content of the Act which was shared with the Lands/Estates/MRP working group. Resolution of implementation issues, such as registration of land transactions, including trying to address a backlog of land transactions for Six Nations of the Grand River. Land Registry - Land Management Manual: Work is underway by our colleagues in Lands to update the Land Management Manual with information regarding the Act. The MRP team is supporting this work. Ministerial Loan Guarantees: the MRP team continues to collaborate with departmental colleagues on the questions raised by the Center of Excellence related to Ministerial Loan Guarantees

Update of Government of Canada Information Materials In 2011, INAC developed a plain language brochure on, the then proposed legislation. This brochure had a wide distribution, including a door to door mail out. Now that the Act is fully in force, creating an updated plain language brochure for distribution would be both valuable and consistent with work being done in other sectors and by matrimonial real property partners. The content of the proposed pamphlet is in development. This work is consistent with what is being done in other sectors and by matrimonial real property partners. INAC will be working with internal communications to transition the MRP content to canada.gc.ca

Continued Support for Implementation Issues or Questions Regarding the Act National Call for Proposals – Targeted at Provincial Law Societies: we have received a proposal from the Barreau du Quebec and will be moving forward with them to fund their proposal. A reminder was sent to all law societies in July. Research Projects: the MRP is currently engaged with the Conference Board of Canada, to undertake quantitative and qualitative research regarding access to justice and the administration of justice in First Nations communities. Day to Day work of the MRP Team: Since the beginning of the Fiscal 2016-2017 year, the MRP team: Answered approximately 9 official letters Answered approximately 11 inquires through the generic MRP-BIM E-Mail Answered approximately 20 questions from the COE through E-Mails and phone calls Some of the correspondence or questions take extensive research and discussion since FHRMIRA is new and there is no precedent on the question being asked. Fist Nations with MRP laws: 11 First Nations have MRP laws under FHRMIRA 33 First Nation have MRP laws under FNLMA We are aware the at 7 First Nation have enacted First Nation under their inherent rights. Those laws are not recognize under FHRMIRA

Streamline Attestation: Way Forward on Program Renewal Current Federal Initiative sunsets March 31, 2018 Deferred request from Treasury Board Secretariat to provide a submission for the streamlined attestation process this fiscal year. The Act and the support program requires attention to determine future next steps, for example looking at the preliminary findings and final evaluation report.

Visit the Indigenous and Northern Affairs Canada’s For More Information Visit the Indigenous and Northern Affairs Canada’s Matrimonial Real Property website: http://www.aadnc-aandc.gc.ca/eng/1100100032553/1100100032557 E-Mail: mrp-bim@aadnc-aandc.gc.ca