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w w w . C A N A D I A N L a w y e r m a g . c o m M a r c h 2 0 1 4 47 John Rustad says since provinces are required to administer the laws with- in provincial justice systems, they are working with First Nation groups to ensure women, children, and families do not have to deal with a complex system of laws during stressful times — such as with variations between the feder- al provisional law, B.C.'s law, and First Nation law. "We recognize that B.C. First Nations wish to be supported in devel- oping their own laws over matrimonial property — and to be able to administer and enforce those laws." Even if individual First Nations can't comply with the time limit, or choose not to comply with the process, the act may prove a catalyst to start the develop- ment of these much-needed laws. There are several resources available to guide the actual drafting. The Assembly of First Nations offers a handbook that pro- vides guidance and sample laws. There are also copies of MRP codes on the Land Advisory Board web site. Most models commence with a state- ment of general principles that include the collective nature of reserve land, a respect for inter-spousal agreements, and compulsory requirements for dis- pute resolution by family meeting, mediation, or traditional dispute resolu- tion practices. While the AFN template sets up Community Dispute Resolution Committees which can make binding orders, the MRP codes under the LAB provide access to the provincial courts. They state the courts are bound by the codes and often provide the First Nation with standing in any family law pro- ceedings. Henderson says as a general approach in the areas of matrimonial property and estates, legal committees should also look at the provincial rules in the province where the First Nation is situated. "We don't want two wildly dif- ferent systems." One principle common throughout the codes is children have the right to remain in the matrimonial home until they reach the age of majority or have the opportunity to complete their educa- tion. "Traditionally they look at children as their ongoing generations," explains Henderson. "If the children want to stay, and are likely to have more connections, they don't want to lose them off-reserve. If they have a Land Code, they can create any kind of interest, including temporary interests." This would allow a custodial parent who is not a member to have exclusive possession until the home can be transferred to the children. Tannis also fears the intrusion of secular courts into native communities. "All over this vast land, the problems of access to justice that everyone suf- fers — legal costs, legal aid, transport, police enforcement — will be even more challenging in native territories. With all the other hardships that they suffer, this will hit right at the heart of the com- munity. This has the potential to be the beginning of something really great or something really terrible." reflecting on your specialty reflects well on you ENHANCE YOUR EXPERTISE – AND YOUR VALUE – WITH A PROFESSIONAL LLM FROM OSGOODE. Put the focus on what interests you most. With leading academics, top practitioners and senior judges among our internationally renowned faculty, our programs offer you the unparalleled flexibility to study with a network of your peers while practising full time. Customize your studies to suit your needs, either onsite at our convenient downtown Toronto facility, or via videoconference from anywhere around the world. NOW ACCEPTING APPLICATIONS FOR THE 2014/2015 STARTS IN 13 OF 18 SPECIALIZATIONS: Professional legal education the way it was meant to be. To learn more or to register for an Information Session, visit www.osgoodepd.ca today. A WORLD LEADER IN LAW SCHOOL LIFELONG LEARNING > Administrative Law > Alternative Dispute Resolution > Banking and Financial Services Law > Bankruptcy and Insolvency Law > Business Law > Civil Litigation and Dispute Resolution > Constitutional Law > Criminal Law and Procedure > Energy and Infrastructure Law > Family Law > General LLM > Securities Law > Tax Law Limited Spaces Available for Fall 2014 Apply Now! ntitled-6 1 14-02-18 2:55 PM

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