AANO Committee Report

APPENDIX A
REPORTS THAT HAVE REFERRED TO THE
ON-RESERVE MATRIMONIAL REAL PROPERTY ISSUE

A number of references and recommendations have been made with respect to the on-reserve matrimonial real property issue. Some of the domestic and international reports that have referred to the issue include:

• The 1991 Report of the Aboriginal Justice Inquiry of Manitoba;
• The 1997 Report of the Royal Commission on Aboriginal Peoples, Volume 3, Gathering Strength;
• The 2001 Report of the Special Representative, Where are the Women?: Report of the Special Representative on the Protection of First Nation Women’s Rights, by Mavis Erickson
• The November 2003 Interim Report of the Standing Senate Committee on Human Rights, A Hard Bed to Lie In: Matrimonial Real Property On Reserve;
• The 1998 Report of the United Nations Committee on Economic, Social and Cultural Rights, Concluding Observations of the Committee on Economic, Social and Cultural Rights: Canada;
• The 2004 Report of the United Nations Commission on Human Rights, Report of the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, Rodolfo Stavenhagen, Addendum, Mission to Canada;
• The 2005 Report of the United Nations Housing Rights Programme, Indigenous peoples’ right to adequate housing: A global overview.

The Department of Indian Affairs and Northern Development also had the following papers commissioned on this issue:

• Discussion Paper: Matrimonial Real Property On Reserve, by Wendy Cornet and Allison Lendor;
• Urban Aboriginal Women in British Columbia and the Impacts on the Matrimonial Real Property Regime, by Karen Abbott;
• Towards Resolving the Division of On-Reserve Matrimonial Real Property Following Relationship Breakdown: A Review of Tribunal, Ombudsman and Alternative Dispute Resolution Mechanisms, by Jo-Ann E.C. Green; and
• Division of Matrimonial Real Property on American Indian Reservations, by Joseph Thomas Flies-Away, Carrie Garrow, and Miriam Jorgensen for the Harvard Project on American Indian Economic Development.