The cases contained below are provided to illustrate how the courts are interpreting the Family Homes on Reserves and Matrimonial Interests or Rights Act. They have been provided for informational purposes only and should not be considered a complete listing. If you have any comments or suggestions with respect to the cases listed below please click here. This link will direct your comments and suggestions to COEMRP staff. Thank you.
NC c EP (QC) Division and Separation “de facto” Union. (Translation)Toney v Estate of Toney (Nova Scotia) The applicant, the widow of a former chief of a band, seeks occupation of the family home on reserve lands held by the federal Crown in trust for the exclusive benefit of a First Nation band. Central to the application is the fact that the applicant is not an Indian or First Nation band member. This decision interprets and applies the Family Homes on Reserves and Matrimonial Interests or Rights Act
Bradfield v Bridges (British Columbia) The plaintiff, Thomas Bradfield, on his own behalf and as executor of the estate of his mother, seeks a declaration of trespass and an order that the defendant, Neville Brydges, vacate the property. The essence of the plaintiff’s position is that the Indian Act is clear that a non-Indian is not entitled to live on a reserve without permit. Mr. Brydges asserts that as the common-law spouse of Cecelia Bradfield, he is entitled to half of Cecelia Bradfield’s estate. He further asserts that as a vulnerable person he is entitled to remain on the property for the remainder of his life.
Poitras v Khan (Saskatchewan) This application concerns the validity of the last will and testament of Sharon Poitras. The applicant, Jason Poitras (Ms. Poitras’ son) was appointed executor under the Will. He applies for letters probate appointing him executor of the estate. The respondent, Aman Khan (who was in a spousal relationship with Ms. Poitras and lived with her on Peepeekisis First Nation), maintains that the Will is not valid and should be declared void, thus creating an intestacy. No doubt, in the face of such a declaration, Mr. Khan would apply for letters of administration in relation to Ms. Poitras’ estate.
M.L v N.G (Quebec) Division on separation. (Translation)