Will the Tsawwassen Final Agreement respect the real property rights of spouses upon matrimonial breakdown?
Yes. Currently, the province has no authority to legislate in respect of matrimonial real property on Indian reserves. While the jurisdiction of some First Nations to introduce codes or mechanisms is recognized, most First Nations have not reached agreements with Canada to address matrimonial real property on reserves. The Indian Act makes no reference to the issue of matrimonial real property, creating a legislative gap on Indian reserves.
