"Indian Women and the Division of Matrimonial Real Property on Canadian Indian Reserves.".

Alcantara, Christopher

Despite the successes of the Aboriginal rights movement and the women's movement in expanding their respective constituents' rights over the last thirty years, status Indian women continue to lag behind. One area in particular, the vision of matrimonial real property on reserves, has been a major problem for equitable settlement during divorce proceedings. Rather than receiving a one-half interest in the matrimonial property or gaining interim exclusive possession of a matrimonial home, they are forced to settle for monetary compensation and, in some cases, no relief. This is a result of Parliament's constitutional authority over "Indians, lands reserved for Indians" and the Indian Act, which prevents provincial matrimonial property laws from applying to reserve land (Journal Abstract).

Journal of Women and the Law, vol. 18, no. 1, 2006, pp. 513-533.