In the event of the breakdown of a marriage or common-law relationship, or in the event of death of a common-law partner or spouse, families are entitled to the equitable division of property as protected through provincial legislation. Because provinces are not responsible for lands or peoples on-reserve, and the Indian Act had not been legislated with real property implications, Indigenous families and their interests are not protected.

Question

Quizplus · Accepted Answer

Indigenous families on reserves were historically not protected by provincial property division laws due to federal jurisdiction under the Indian Act, which did not address real property division in such cases.

In the Event of the Breakdown of a Marriage or Common-Law