Assessing Matrimonial Real Property Law on First Nation Reserves: Domestic Violence, Access to Justice, and Indigenous Women
| dc.contributor.advisor | Koshan, Jennifer | |
| dc.contributor.advisor | Wright, David | |
| dc.contributor.author | Darling, Elysa | |
| dc.contributor.committeemember | Mascher, Sharon | |
| dc.date | 2019-11 | |
| dc.date.accessioned | 2019-09-23T22:03:24Z | |
| dc.date.available | 2019-09-23T22:03:24Z | |
| dc.date.issued | 2019-09-16 | |
| dc.description.abstract | This thesis offers a doctrinal analysis and assessment of the Family Homes on Reserves and Matrimonial Interests or Rights Act (FHRMIRA) and the case law and legislative history that led to its enactment. FHRMIRA operates on First Nation reserves with respect to matrimonial real property and includes provisions dealing with the division of property upon relationship breakdown or death of a spouse and protections from domestic violence, like emergency protection and exclusive occupation orders. This thesis assesses the utility of FHRMIRA with respect to the protection it provides to Indigenous women experiencing domestic violence, as well as their access to justice in this context. In addition, it examines the challenges First Nations experience enacting their own matrimonial real property laws, whether under FHRMIRA or other legal frameworks. It also includes a review of First Nations matrimonial real property laws enacted pursuant to FHRMIRA and the extent to which they protect against domestic violence. Lastly, the thesis discusses qualitative interviews undertaken in a collaborative case study with the Ermineskin Cree Nation to understand how one First Nation governs in this area. The thesis argues that in order to ensure that Indigenous women have access to justice and protection against domestic violence, a holistic, Nation-specific approach must be taken to enacting matrimonial real property laws on reserve, and these legal regimes should be determined by the First Nation itself, in order to mitigate the jurisdictional confusion and implementation challenges arising from the FHRMIRA. | en_US |
| dc.identifier.citation | Darling, E. (2019). Assessing Matrimonial Real Property Law on First Nation Reserves: Domestic Violence, Access to Justice, and Indigenous Women (Master's thesis, University of Calgary, Calgary, Canada). Retrieved from https://prism.ucalgary.ca. | en_US |
| dc.identifier.doi | http://dx.doi.org/10.11575/PRISM/37109 | |
| dc.identifier.uri | http://hdl.handle.net/1880/111047 | |
| dc.publisher.faculty | Law | en_US |
| dc.publisher.institution | University of Calgary | en |
| dc.rights | University of Calgary graduate students retain copyright ownership and moral rights for their thesis. You may use this material in any way that is permitted by the Copyright Act or through licensing that has been assigned to the document. For uses that are not allowable under copyright legislation or licensing, you are required to seek permission. | en_US |
| dc.subject | law | en_US |
| dc.subject | Indigenous law | en_US |
| dc.subject | first nation | en_US |
| dc.subject | matrimonial real property | en_US |
| dc.subject | access to justice | en_US |
| dc.subject | domestic violence | en_US |
| dc.subject | feminist legal theory | en_US |
| dc.subject | indigenous feminism(s) | en_US |
| dc.subject.classification | Law | en_US |
| dc.title | Assessing Matrimonial Real Property Law on First Nation Reserves: Domestic Violence, Access to Justice, and Indigenous Women | en_US |
| dc.type | master thesis | en_US |
| thesis.degree.discipline | Law | en_US |
| thesis.degree.grantor | University of Calgary | en_US |
| thesis.degree.name | Master of Laws (LLM) | en_US |
| ucalgary.item.requestcopy | true | en_US |