Gender Equality

Do men and women have equal rights in relation to First Nation land?

Yes. The Canadian Charter of Rights and Freedoms applies to First Nation lands and First Nation laws.

The Framework Agreement ensures that all male and female members of the First Nation who are at least 18 years of age, whether living off-reserve or on-reserve, have the right to vote on whether to approve the Land Code and the Individual Agreement with Canada.

What are the rules on possession of land if a marriage breaks down?

Under the Indian Act there are no rules on possession of the matrimonial home or division of interests in land.

Under a Land Code, a First Nation will finally be able to deal with the rights of spouses to interests in First Nation land if their marriage breaks down. If necessary, the community has up to 12 months after the Land Code takes effect to develop and enact rules and procedures on this subject.

The Framework Agreement specifically states that these new rules and procedures will apply equally to women and men.