Assessing Matrimonial Real Property Law on First Nation Reserves: Domestic Violence, Access to Justice, and Indigenous Women
This thesis offers a doctrinal analysis and assessment of the Family Homes on Reserves and Matrimonial Interests or Rights Act (FHRMIRA) and the case law and legislative history that led to its enactment. FHRMIRA operates on First Nation reserves with respect to matrimonial real property and include...
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Online Access: | http://hdl.handle.net/1880/111047 https://doi.org/10.11575/PRISM/37109 |
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ftunivcalgary:oai:prism.ucalgary.ca:1880/111047 2023-08-27T04:09:27+02:00 Assessing Matrimonial Real Property Law on First Nation Reserves: Domestic Violence, Access to Justice, and Indigenous Women Darling, Elysa Koshan, Jennifer Wright, David Mascher, Sharon 2019-09-16 application/pdf http://hdl.handle.net/1880/111047 https://doi.org/10.11575/PRISM/37109 unknown Law University of Calgary Darling, E. (2019). Assessing Matrimonial Real Property Law on First Nation Reserves: Domestic Violence, Access to Justice, and Indigenous Women (Unpublished master's thesis). University of Calgary, Calgary, AB. http://dx.doi.org/10.11575/PRISM/37109 http://hdl.handle.net/1880/111047 University of Calgary graduate students retain copyright ownership and moral rights for their thesis. You may use this material in any way that is permitted by the Copyright Act or through licensing that has been assigned to the document. For uses that are not allowable under copyright legislation or licensing, you are required to seek permission. law Indigenous law first nation matrimonial real property access to justice domestic violence feminist legal theory indigenous feminism(s) master thesis 2019 ftunivcalgary https://doi.org/10.11575/PRISM/37109 2023-08-06T06:30:28Z This thesis offers a doctrinal analysis and assessment of the Family Homes on Reserves and Matrimonial Interests or Rights Act (FHRMIRA) and the case law and legislative history that led to its enactment. FHRMIRA operates on First Nation reserves with respect to matrimonial real property and includes provisions dealing with the division of property upon relationship breakdown or death of a spouse and protections from domestic violence, like emergency protection and exclusive occupation orders. This thesis assesses the utility of FHRMIRA with respect to the protection it provides to Indigenous women experiencing domestic violence, as well as their access to justice in this context. In addition, it examines the challenges First Nations experience enacting their own matrimonial real property laws, whether under FHRMIRA or other legal frameworks. It also includes a review of First Nations matrimonial real property laws enacted pursuant to FHRMIRA and the extent to which they protect against domestic violence. Lastly, the thesis discusses qualitative interviews undertaken in a collaborative case study with the Ermineskin Cree Nation to understand how one First Nation governs in this area. The thesis argues that in order to ensure that Indigenous women have access to justice and protection against domestic violence, a holistic, Nation-specific approach must be taken to enacting matrimonial real property laws on reserve, and these legal regimes should be determined by the First Nation itself, in order to mitigate the jurisdictional confusion and implementation challenges arising from the FHRMIRA. Master Thesis First Nations PRISM - University of Calgary Digital Repository |
institution |
Open Polar |
collection |
PRISM - University of Calgary Digital Repository |
op_collection_id |
ftunivcalgary |
language |
unknown |
topic |
law Indigenous law first nation matrimonial real property access to justice domestic violence feminist legal theory indigenous feminism(s) |
spellingShingle |
law Indigenous law first nation matrimonial real property access to justice domestic violence feminist legal theory indigenous feminism(s) Darling, Elysa Assessing Matrimonial Real Property Law on First Nation Reserves: Domestic Violence, Access to Justice, and Indigenous Women |
topic_facet |
law Indigenous law first nation matrimonial real property access to justice domestic violence feminist legal theory indigenous feminism(s) |
description |
This thesis offers a doctrinal analysis and assessment of the Family Homes on Reserves and Matrimonial Interests or Rights Act (FHRMIRA) and the case law and legislative history that led to its enactment. FHRMIRA operates on First Nation reserves with respect to matrimonial real property and includes provisions dealing with the division of property upon relationship breakdown or death of a spouse and protections from domestic violence, like emergency protection and exclusive occupation orders. This thesis assesses the utility of FHRMIRA with respect to the protection it provides to Indigenous women experiencing domestic violence, as well as their access to justice in this context. In addition, it examines the challenges First Nations experience enacting their own matrimonial real property laws, whether under FHRMIRA or other legal frameworks. It also includes a review of First Nations matrimonial real property laws enacted pursuant to FHRMIRA and the extent to which they protect against domestic violence. Lastly, the thesis discusses qualitative interviews undertaken in a collaborative case study with the Ermineskin Cree Nation to understand how one First Nation governs in this area. The thesis argues that in order to ensure that Indigenous women have access to justice and protection against domestic violence, a holistic, Nation-specific approach must be taken to enacting matrimonial real property laws on reserve, and these legal regimes should be determined by the First Nation itself, in order to mitigate the jurisdictional confusion and implementation challenges arising from the FHRMIRA. |
author2 |
Koshan, Jennifer Wright, David Mascher, Sharon |
format |
Master Thesis |
author |
Darling, Elysa |
author_facet |
Darling, Elysa |
author_sort |
Darling, Elysa |
title |
Assessing Matrimonial Real Property Law on First Nation Reserves: Domestic Violence, Access to Justice, and Indigenous Women |
title_short |
Assessing Matrimonial Real Property Law on First Nation Reserves: Domestic Violence, Access to Justice, and Indigenous Women |
title_full |
Assessing Matrimonial Real Property Law on First Nation Reserves: Domestic Violence, Access to Justice, and Indigenous Women |
title_fullStr |
Assessing Matrimonial Real Property Law on First Nation Reserves: Domestic Violence, Access to Justice, and Indigenous Women |
title_full_unstemmed |
Assessing Matrimonial Real Property Law on First Nation Reserves: Domestic Violence, Access to Justice, and Indigenous Women |
title_sort |
assessing matrimonial real property law on first nation reserves: domestic violence, access to justice, and indigenous women |
publisher |
Law |
publishDate |
2019 |
url |
http://hdl.handle.net/1880/111047 https://doi.org/10.11575/PRISM/37109 |
genre |
First Nations |
genre_facet |
First Nations |
op_relation |
Darling, E. (2019). Assessing Matrimonial Real Property Law on First Nation Reserves: Domestic Violence, Access to Justice, and Indigenous Women (Unpublished master's thesis). University of Calgary, Calgary, AB. http://dx.doi.org/10.11575/PRISM/37109 http://hdl.handle.net/1880/111047 |
op_rights |
University of Calgary graduate students retain copyright ownership and moral rights for their thesis. You may use this material in any way that is permitted by the Copyright Act or through licensing that has been assigned to the document. For uses that are not allowable under copyright legislation or licensing, you are required to seek permission. |
op_doi |
https://doi.org/10.11575/PRISM/37109 |
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1775350803037421568 |