Bill S-4 explained in plain English

Bill S-4 establishes a federal framework allowing First Nations to enact family law for reserves and provides temporary federal rules for family homes and division of matrimonial property during relationship breakdown or death.

Bill S-4 establishes a federal framework to address family law matters on First Nation reserves. Because provincial family laws do not apply on reserves and the Indian Act does not address these issues, the bill creates two pathways: (1) it allows First Nations to enact their own laws covering family homes and the division of property between spouses and common-law partners during relationship breakdown or death, and (2) it provides temporary federal rules that apply automatically to First Nations that have not enacted their own laws. The bill covers three main areas: (i) occupation and use of family homes during a conjugal relationship, after breakdown, and after death; (ii) emergency and exclusive occupation orders available through courts; and (iii) division of the value of property interests and rights in reserve structures and lands. Key provisions include protections in cases of family violence, emergency protection orders available for up to 90 days, court-ordered exclusive occupation of family homes, and rules for dividing the value of matrimonial interests or rights. The bill applies only to couples where at least one person is a First Nation member or Indian. Courts must consider the best interests of children, including maintaining First Nation connections, and must consider the cultural, social, and legal context of the First Nation involved. The bill also specifies when it applies. Sections 18 to 56 (the provisional federal rules) apply automatically to First Nations with reserve lands that have not enacted their own laws under the bill or established procedures under the First Nations Land Management Act. For self-governing First Nations, federal rules apply unless the Minister declares otherwise. First Nations may amend or repeal their laws through a formal verification and community approval process. The Minister maintains a list of First Nations whose laws are in force.

A legislative summary is currently being prepared for this bill by the Parliamentary Information and Research Service of the Library of Parliament. Meanwhile, the following executive summary is available. On 31 March 2010, the Leader of the Government in the Senate introduced Bill S-4, An Act respecting family homes situated on First Nation reserves and matrimonial interests or rights in or to structures and lands situated on those reserves (Family Homes on Reserves and Matrimonial Interests or Rights Act), in the Senate and it was given first reading. The bill addresses issues relating to family real property on reserves by providing that a First Nation has the power to enact laws relating to “the use, occupation and possession of family homes on its reserves and the division of the value of any interests or rights held by spouses or common-law partners in or to structures and lands on its reserves” (clause 7(1)). Where a First Nation does not have such laws in force, whether established under the bill, under the First Nations Land Management Act, or under a self-government agreement, provisional federal rules established in the bill will apply.