Iatathrona Raotiientahtsera (Couples Property/Akwesasne Matrimonial Property Law)

SUMMARY

BACKGROUND

The Indian Act regulates the distribution of property in relation to lands on reserve. Since 2005, the Federal Government has been engaged in developing a matrimonial property law, to be imposed on First Nations communities. The bill will give jurisdiction to provincial courts, among other things to handle distribution of property owned by an Indian.

Presently, Bill S-2 “Family Homes on Reserve and Matrimonial Interests or Rights Act” was introduced to the Senate on September 28, 2011. Currently, the Bill is in its second reading with the House of Commons. There have been a number of concerns by First Nations communities, especially since there has been no consultation with First Nations government.

In 2006, the Mohawk Council of Akwesasne established a Working Task Group (MCR2006/2007-#209) to develop a plan and to begin developing draft legislation. As well, Mohawk Council of Akwesasne passed MCR 2010/2011-#162 making the issue of matrimonial property law a priority and mandated the Working Task Group to establish a travelling Iroquois Tribunal in the proposed law.

The Working Task Group completed a proposed draft Iatathrona Raotiientahtsera (Couples Property/Akwesasne Matrimonial Property Law) in September, 2012. After the legal review, the proposed draft law is being presented to Mohawk Council of Akwesasne at a General Meeting for acceptance-in-principle. If accepted-in-principle, the proposed law will be distributed to all household members under the jurisdiction of Mohawk Council of Akwesasne.

HIGHLIGHTS OF THE IATATHRONA RAOTIIENTAHTSERA (Couples Property/Akwesasne Matrimonial Property Law)

•The best interest of the child (of the relationship) is the most important element in the proposed law.

•Application of the proposed law is when a breakdown or dissolution of a marriage or common-law relationship occurs between two Members and the law considers legal interest regarding on-reserve property.

•The person making the application to the court will have one year to make an application.

•The law, if passed, does not assign title to the land, (does not decide the Certificate of Possession), but, it does include a right to acquire possession of the matrimonial home, based on the circumstances before the court.

•Any issues under the law will be made by the Akwesasne Mohawk Court. Otherwise, it would go to the provincial courts where the Akwesasne culture and values are not understood or considered.

•The law will recognize any Domestic Agreements (agreements made before or during the relationship).

The proposed IATATHRONA RAOTIIENTAHTSERA (Couples Property/Akwesasne Matrimonial Property Law) does not:

•Assign or dispute title to the land

•Deal with Spousal support

•Deal with Child support

•Deal with Child custody

•Deal with matters to determine Membership

•Deal with lands off the territory of Akwesasne

•Deal with personal property (which is defined as anything other than land or an interest in lands and includes but is not limited to furniture, vehicles, boats, livestock, household goods, clothing, jewelry, money, bank accounts, shares, wages, or debts owed to an individual.